Pedestrian Bridge. 5.7.1. The Plans include a pedestrian bridge (the “Bridge”), to be constructed by Lessee to connect the Project to the Venetian/Palazzo hotel complex at a point of interconnection (the “Interconnection Point”).
5.7.2. Lessor and Lessee shall cooperate in good faith in the implementation of the Bridge at the Interconnection Point, consistent with the Concept Drawings that were approved as part of the Agreement to Lease. In that regard, Lessee shall prepare and submit to Lessor, at Lessee’s expense, schematic drawings with respect to the design specifications of the Bridge, including the Interconnection Point (the “Bridge Schematic Drawings”). Within thirty (30) days of receiving the Bridge Schematic Drawings, Lessor shall determine whether to approve (a) the Interconnection Point and (b) any other points where the Bridge physically connects to the Sands Expo Center improvements or land (collectively, “Other Physical Connection Points”), such approval not to be unreasonably withheld, conditioned, or delayed. Any disapproval shall be in writing and shall specify the specific reasons for the denial and the changes to the Bridge Schematic Drawings that would render them acceptable, at which time Lessor and Lessee shall promptly meet and confer in good faith to resolve such issues. If Lessor fails to respond to the above request for approval within thirty (30) days of receipt of the Bridge Schematic Drawings, then Lessee may send Lessor a second notice requesting Lessor’s approval of the Bridge Schematic Drawings, which notice shall be in accordance with the Deemed Approval Process set forth in Section 34 hereof. If Lessor fails to respond to such second notice within fifteen (15) days, Lessor shall be deemed to have approved such Bridge Schematic Drawings. Notwithstanding the foregoing, if Lessor, in connection with its review of the Bridge Schematic Drawings, desires to make any changes from what was previously approved by Lessor in the Concept Drawings that were approved as part of the Agreement to Lease, then any direct incremental cost increases (including the costs of revising the Bridge Schematic Drawings) associated with such relocation shall be borne by Lessor.
5.7.3. Subsequent to the approval of the Bridge Schematic Drawings in accordance with Section 5.7.2 above, Lessee shall prepare and submit to Lessor, at Lessee’s expense, design development drawings consistent with the Bridge Schematic Drawings (the “Bridge DD Documents”). Within thirty (30) days...
Pedestrian Bridge. As part of the Base Building Work, Landlord shall cause the construction of the pedestrian bridge from the Premises to Building A as shown on the Base Building Work Plans. Such pedestrian bridge (the “Pedestrian Bridge”) shall be considered part of the Premises, and shall be subject to the appurtenant rights of Tenant as tenant under the Building A Lease as set forth therein. The Pedestrian Bridge shall be enclosed and shall be not more than two stories in height and shall be used solely for passage of pedestrians and materials between buildings, rather than the Permitted Use generally. No sign, banner, logo or other communication may be displayed externally from the Pedestrian Bridge. Maintenance of the Pedestrian Bridge shall be allocated between Landlord and Tenant consistent with the allocation herein with respect to other elements of the Building.
Pedestrian Bridge. Tenant shall construct a pedestrian bridge from the City of Evansville “Entertainment District” to the Leased Premises at an estimated cost of approximately Three Million and 00/100 Dollars ($3,000,000.00). Tenant shall commence design development work as soon as is practicable following the Plan Effective Date and use its best efforts to have construction of such pedestrian bridge completed and open to public use on or before the third (3rd) anniversary of the Plan Effective Date. After the first (1st) anniversary of the Plan Effective Date and subject to the City’s discretion, Tenant shall deliver a presentation and status report on the pedestrian bridge project to the Commission. Tenant shall own and shall be solely responsible for the design, development, construction, operation, maintenance, and repair of the pedestrian bridge. Tenant’s obligations with respect to construction of the pedestrian bridge are subject to acquisition by Tenant or Tenant’s contractors, sub-contractors, agents or representatives of all local, state or federal governmental permits required or necessary for said construction. Tenant agrees to use reasonable and good faith efforts to obtain said permits and City and the Commission agree to assist and support Tenant with respect to said permit acquisition in a reasonable and expeditious manner.
Pedestrian Bridge. Lessee contends that Lessor is obligated under the Lease to construct a pedestrian bridge to be built at the location and under the plans and specifications indicated on Exhibit A to this Amendment. Lessor disputes that contention, but Lessor hereby agrees that it shall, at its sole cost and expense, construct the requested pedestrian bridge at the location and under the plans and indicated on/attached as Exhibit A, after receiving final approval of plans and specifications for the proposed pedestrian bridge from the City of Vista. Lessor shall work diligently to obtain approval of the City of Vista to the construction of the proposed pedestrian bridge, and Lessee shall cooperate with Lessor’s efforts (including, without limitation, by promptly approving or providing comments with respect to any requested revisions to plans and/or location of the pedestrian bridge by the City of Vista). Lessor agrees to use commercially reasonable efforts to complete construction of the pedestrian bridge on or before December 31, 2010. If Lessor fails to complete construction of the pedestrian bridge on or before February 1, 2011, Lessor shall be obligated to pay, from and after February 1, 2011 and until completion of the pedestrian bridge, $1,000 per day to Lessee (the “Late Delivery Penalty”). Any such Late Delivery Penalty shall be paid by crediting such Late Delivery Penalty against sums owed by Lessee under the Lease. Payment of the Late Delivery Penalty shall be Lessee’s sole and exclusive remedy for late delivery of completion of the Pedestrian Bridge.
Pedestrian Bridge. Tenant has advised Landlord that Tenant may desire to construct a pedestrian bridge (the “Bridge”) across Towne Centre Drive in order to connect the Project with buildings to the west. The Bridge may not be constructed without Landlord’s prior written consent which consent shall not be unreasonably withheld. Tenant shall be required to seek and obtain Landlord’s consent to the construction of the Bridge prior to seeking any of the required governmental approvals necessary for the construction of the Bridge. Landlord may consider, among other things, the following matters in connection with granting or withholding its consent to the construction of the Bridge: (i) the proposed location of the Bridge (or pathway to the Bridge) on the Project, (ii) any requirements or obligations, financial or otherwise, which will be imposed on Landlord and/or the Project as a result of the Bridge, (iii) any adverse effects the Bridge may have on the Project, and (iv) obtaining reimbursement from Tenant for any costs associated with removing the Bridge and restoring the Project. If, after Landlord has consented to the construction of the Bridge, governmental approval of the construction of the Bridge requires or results in any material changes or modifications to any of the plans or specifications or any other material matters considered or approved by Landlord or results in any changes to the Bridge that are visible from the exterior or results in the imposition of any material conditions or raises matters not specifically considered and approved by Landlord in connection with Landlord’s original consent to the construction of the Bridge, Landlord shall have the right to review and approve the same and determine whether Landlord is still willing to consent to the construction of the Bridge. The determination right granted to Landlord in the preceding sentence is not a right to consider matters previously considered and approved by Landlord in connection with the construction of the Bridge but rather a right to consider those matters (as more particularly described in the preceding sentence) which arise in connection with obtaining governmental approval of the Bridge. Tenant shall be solely responsible for all costs and expenses in connection with the construction and maintenance of the Bridge (including, without limitation, any ADA-related costs and expenses) and shall reimburse Landlord for all costs and expenses actually incurred by Landlord at any time in connection with...
Pedestrian Bridge. The Pedestrian Bridge to be constructed across the Arkansas River will terminate at a public plaza on the Private Development Site at a location determined by the Parties.
Pedestrian Bridge. 1. Norfolk Southern will design and construct a new pedestrian bridge within the Allegheny Commons.
2. Norfolk Southern will bear all costs for the design and construction of the new pedestrian bridge within the Allegheny Commons.
3. Public input on the design of the new pedestrian bridge will be handled in accordance with the Act 120 and the Pennsylvania History Code processes, as well as Pittsburgh Historic Review Commission and the Pittsburgh Art Commission procedures.
4. The new pedestrian bridge shall be substantially completed and capable of pedestrian use before either the W. North Avenue bridge or the Pennsylvania Avenue bridge are closed.
5. Following construction of the pedestrian bridge, the City will be the owner of the pedestrian bridge and be responsible for all upkeep, maintenance and repairs to the bridge. The City agrees to maintain the bridge in such a manner that it does not pose a hazard or safety risk to Norfolk Southern.
Pedestrian Bridge. Provide A/E services for a pedestrian bridge that spans Oxon Run and links the existing SETLC to the new facility.
Pedestrian Bridge. At the Third City Closing (as defined in the Exchange Agreement), BNSF will grant to City and its Personnel:
(a) a temporary Right of Entry (the "Temporary Access License for Construction Staging - Pedestrian Bridge ") in the form attached hereto as Exhibit HH-1, incorporated by reference herein, for the initial access to, site preparation for, and the initial construction of the Pedestrian Bridge on the areas shown in the inset cloud in the box labeled "Location Map" on Page 1 of 4 of Exhibit HH-A attached hereto and incorporated herein by reference.
(b) a permanent Right of Entry (the "Pedestrian Bridge Easement") in the form attached hereto as Exhibit HH, incorporated by reference herein, for the Operation of a pedestrian bridge (including support structures) over the Future BNSF Corridor in the area labeled on Exhibit I-4 as "New Perm. Easement for Pedestrian Bridge, Retaining Walls and Utilities" and shown in gold (collectively "Pedestrian Bridge"). The Pedestrian Bridge will have a minimum of a thirty-one (31) foot high vertical clearance over the BNSF tracks from the top of the rail to the bottom of the Pedestrian Bridge and twenty-five foot horizontal distance measured perpendicular from the centerline of the existing or future track to the face of the pier or abutment structure. The Pedestrian Bridge will be owned and maintained by City at City's sole cost and expense, as set forth in more detail in the Pedestrian Bridge Easement. It is expressly understood by City and BNSF that any right to install utilities on, in or along the Pedestrian Bridge will be governed by a separate easement or license agreement between the Parties.
