STREET WIDENING Sample Clauses
The STREET WIDENING clause establishes the terms under which a portion of property may be used or dedicated for the expansion of a public street. Typically, this clause outlines the specific area of land affected, the process for transferring ownership or granting easements to the relevant government authority, and any compensation or obligations related to the change. Its core function is to facilitate public infrastructure improvements by ensuring that necessary land is made available for street expansion, thereby addressing issues of traffic flow, safety, and urban development.
STREET WIDENING. If at any time during the Term any proceedings are instituted or orders made by any Governmental Authority (other than proceedings instituted or orders made by Battery Park City Authority or any successor to or subsidiary of Battery Park City Authority, or any other Governmental Authority acting in its capacity as a party in the chain of title (i.e., Landlord) and not as a Governmental Authority, and other than proceedings instituted solely in respect of or orders made solely applicable to Battery Park City) for the widening or other enlargement of any street contiguous to the Premises requiring removal of any projection or encroachment on, under or above any such street, or any changes or alterations upon the Premises, or in the sidewalks, vaults (other than vaults which are under the control of, or are maintained or repaired by, a utility company), gutters, curbs or appurtenances, Tenant, with reasonable diligence (subject to Unavoidable Delays) shall comply with such requirements, and on Tenant’s failure to do so, Landlord may comply with the same in accordance with the provisions of Article 21. Tenant shall be permitted to contest in good faith any proceeding or order for street widening instituted or made by any Governmental Authority which Tenant must comply with pursuant to the terms of this Article 27, provided that during the pendency of such contest Tenant deposits with Depository or a Mortgagee that is an Institutional Lender or such Mortgagee’s designee security or delivers to Landlord a Qualifying Guaranty in amount reasonably satisfactory to Landlord for the performance of the work required in the event that Tenant’s contest should fail. In no event shall Tenant permit Landlord to become liable for any criminal liability or penalty as a result of Tenant’s failure to comply with reasonable diligence (subject to Unavoidable Delays) with any of the foregoing orders. Any widening or other enlargement of any such street and the award or damages in respect thereto shall be deemed a partial condemnation and be subject to the provisions of Article 9 notwithstanding that such partial condemnation relates solely or in part to Civic Facilities which are not part of the Premises. This provision is not intended to relate to any Landlord’s Civic Facilities Subject to the terms of Section 26.09, Landlord represents and warrants that, within the Project Area, the following streets have been mapped as New York City public streets and, subject to Landlord’s ge...
STREET WIDENING. If at any time during the Term any proceedings are instituted or orders made by any Governmental Authority for the widening or other enlargement of any street contiguous to the Premises requiring removal of any projection or encroachment on, under or above any such street, or any changes or alterations upon the Premises or any part thereof, or the curbs and sidewalks adjacent thereto, Tenant promptly shall comply with such requirements, and, on Tenant's failure to do so, Landlord may comply with the same, and the amount expended therefor, and any interest, fines, penalties, reasonable engineers', architects' and attorneys' fees or other expenses incurred by Landlord in effecting such compliance or by reason of the failure of Tenant so to comply, shall be deemed to be Rental and shall be payable by Tenant on demand. Tenant shall be permitted to contest in good faith any proceeding or order for such street widening instituted or made by any Governmental Authority, provided that during the pendency of such contest Tenant deposits with Landlord security in amount and form reasonably satisfactory to Landlord for the performance of the work required in the event that Tenant's contest should fail. In no event shall Tenant permit Landlord to become liable for any criminal and/or civil liability or penalty as a result of Tenant's failure to comply with reasonable diligence, subject to Unavoidable Delays, with any of the foregoing orders. Any taking (as such term is used in Article 9 hereof) by a Governmental Authority for a street widening or enlargement shall be deemed a partial condemnation and be subject to the provisions of Article 9 hereof.
STREET WIDENING. 48 ARTICLE 30
STREET WIDENING
