HomeMy WebLinkAboutComments APPLICANT 8/8/2008
..::
Page 1 of 1
.-.
L1MBIRD Andrew
From; Mark Young [mark@rowellbrokaw.com]
Sent: Friday, August 08,20082:05 PM
. To: L1MBIRD Andrew
Cc: McCORMACK Joe; 'Greg Brokaw'
Subject; L TD Gateway - Amendment to Early Entry Agreement.
Attachments: Gateway-executed First Amendment to Early Entry 8-8-08.pdf
Andy,
Here is the executed amendmentto the L TD/Gateway Mall Early Entry Agreement, which extends the date.
Mark Young
Rowell Brokaw Architects
One East Broadway, Suite 300
Eugene, OR 97401
Ph: (541) 485-1003
Fax: (541) 485-7344
ITI<'l.rK@[Qwe!1llmKaw.COm
8/11/2008 .
Date Received:~/;U>OJ-
Planner: AL
DBa General Growth Properties,lnc.
110 North Wacker Drive
Chicago, llinols 60606
312-960-5000 .
fax 312.960-5475
www.generaJgrowfh.com
August 8, 2008
VIA UPS OVERNIGHT DELIVERY
Chris Thrasher
. Lane Transit District
3500 E. 17th Avenue
Eugene, OR 97403
. Re: Gateway Mall, Springfield, Oregon
Dear Chris:
PAMELA S. KAIN
Assistant General Counsel
, 311-960-5767 (Pltone)
312-442-6371 (Fax)
e_mail_Pamela.Kain@generalgrowth.com
I
Enclosed please find a fully-executed original First Amendment to Early Entry .
License and Indemnity Agreement for the above referenced prop~rty,
Please do not hesitate to contact me with any questions or concerns at (312) 960-
5767,
~. truly yours,
';?J1~
)
Pamela S. Kain
Enclosures
Date R~ceived:_~~/02<?I7!
Planner:AL 7
FIRST AMENDMENT TO EARLY ENTRY LICENSE AND INDEMNITY
AGREEMENT
(Gateway Mall, Springfield, Oregon)
THIS FIRST AMENDMENT TO EARLY ENTRY LICENSE AND
INDEMNITY AGREEMENT (this "A~reement") is entered into as of J~ly 31, 2008 by
and between GGP-Gateway Mall L.L.C, a Delaware limited company ("Gatewav"), and
Lane Transit District, a municipal corporation in the State of Oregon ("L TD").
I
.Recitals
. . This Agreement is entered into upon the basis of the following facts,
understandings and intentions of the parties:
A, Gateway, as grantor, and L TD, as grantee, have enter!ld into that certain
Early Entry License and Indemnity Agreementdated as of July 18,2008 ("Earlv Entrv
. "
License A~reement"),
R Gateway and LTD desire to amend the Early Entry License Agreement, as
provided herein,
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants
herein contained and other good and valuable consideration, the receipt imd sufficiency
of which are hereby acknowledged, the parties hereto agree as follows:
A~reement
1, ~aoitalized Terms and Recitals, Capitalized terms used but not otherwise defined
or amended within this Agreement shall have the same meanings as ~e respectively
ascribed to such terms in the Early Entry License Agreement. The recitals set forth above
are hereby incorporated into this Agreement.
2, Term and Duration, Paragraph 3 of the Early Entry License Agreement is hereby
deleted and replaced with the following:
"3, Term and Duratiof\. The license and right-of"entry. granted hereby
shall commence as of the Effective Date and shall terminate. on the earlier
of (i) 5:00 p,m., September 30, 2008, (ii) upon execution of the License
Agreement by Gateway and LTD, or. (iii) upon termination of this
Agreement pursuant to Section 10 (Default) hereof. The provisions of
Sections 5 (General Conditions; Safety, as such section provides with
respect to liens), 6 (Indemnification), 7 (Assumption of Risk), 9 (Utilities),
10 (Default), 13 (Attorney's Fees), 16 (Authority), 17 (Independent
Contractors; No Third Party Beneficiaries; No .Gift or Dedication) and 18
/
1
Date f1tefeiVed:~~"dd'
Planner; Al
(Litigation) hereof shall survive the expiration or earlier. termination of
this Agreement. "
3, Governim! Law. This Agreement shall be governed by the 1aws:'of the State of
Oregon.
4. Authoritv, The parties each hereby represent and warrant t.o the 'other that each
pai:ty has the requisite authority to enter into this Agreement and perfonn its respective
obligations hereunder.
5. Ratificatiol!, The Early Entry License Agreement, as hereby amepded, is hereby
in all respects ratified and confirmed, and the terms, provisions and covenants contained
in the Early Entry License,Amendment as hereby amended shall apply and inure to the
benefit of and be binding upon the parties hereto and their respective !Successors and
assigns,
I
6. Countemarts. This Agreement may be executed in ,one or. more counterparts, and
shall be deemed to have been duly executed and delivered when a counterpart hereof is
executed by each of the parties hereto and delivered to the other pai:ty,:, The executed
counterparts, taken together, shall each constitute one and the same instrument and shall
each be deemed an original. ' .
. ,
7. Caotions, The headings of the sections hereof are provided herein for
convenience of reference and shall not be considered in construing their contents,
(remainder of page intentionally left blank; signature pages fol{ow)
~ "
2
"
" Ii
". f/llob!
Date Recelvecl:_.../:. .........m..
Planner: AL.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written,
GRANTOR:
GGP-GA TEW A Y MALL L.L.C., a Delaware limited
liability company ,
By: GGPLP L.L.C" a Delaware limited liability company, .
a member
By: GGP LIMITED PARTNERSHIP~ a Delaware
limited partnership, its managing merpber
By: GENERAL GROWTH PROPERTIES,
INC" a Delaware corporation~' its general
partner /t\ . . .. ~.
By: / / (T).
v L/iuthorized Signatory
GRANTEE: .
. LANE TRANSIT DISTRICT, a municipal cqrporation in
,the State of Oregon
By:
Its duly authorized:
,
3
Date R~ceived:--0;/Ol1"f
Planner: AL. .
IN WITNESS WHEREOF, the parties have executed this Agreement as of,theday and
year first above written,. .
GRANTOR:
GGP-GATEW A Y MALL L.L.C" a Delaware limited
liability company .,
By: GGPLP L.L.C., a Delaware limited liability company,
a member
,
By: GGP LIMITED PARTNERSHIP; a Delaware
limited partnership, its managing m~ber
By: GENERAL GROWTH PROPERTIES,
INC" a Delaware corporation,.iits general
partner
By:
Authorized Signatory
GRANTEE:
/I1~tf..
3
Date Received' ~/ptJOf
Planner: AL