HomeMy WebLinkAboutExhibit 2ATTA.04 \ _--.LESE_ 4
A. PARKING GARAGE PARCEL LEASE
Re: January 14, 1985 Lease Agreement with respect to tie aysz e peci ty enter, ar ng
Garage, as modified by that certain First Amendment of Agreement of Lease dated October 17,
1985, and further modified by that certain Second Amendment to Bayside Parking Garage Lease
Agreement dated September 13, 1988, and further modified by that certain Third Amendment to
Bayside Parking Garage Lease Agreement dated as of April 15, 1993 (the foregoing hereinafter
being collectively referred to as the "Garage Lease").
The parties intend to negotiate a fourth amendment to the Garage Lease. It is intended that the
issues which will be the subject to such negotiation will include the following:
1) Negotiate a clarification of subsection "(iv)" contained in the definition of
"Developer Equity Investment", which appears in Section 1.2 of the Garage
Lease, to more clearly define "net proceeds".
2) Negotiate a clarification of the meaning of "long-term financing or refinancing"
as such appears in Section 6.1(a) of the Garage Lease.
Negotiate an increase in the cap contained in Section 6.1(a) of the Garage Lease
which currently provides that Developer shall in no event finance an amount in
excess of Development Costs.
4) Negotiate changes to the definition of Net Income Available for Distribution
under Section 1.2 of the Garage Lease.
5) Negotiate the expansion of the definition of the term "Institutional
Investor" to update and more broadly define sameB. RETAIL PARCEL
LEASE
Re: Amended and Restated Lease Agreement dated October 15, 1985 with respect to Bayside
Specialty Center, Retail Parcel, as modified by that certain First Amendment to Amended and
Restated Lease Agreement dated August 19, 1986, and further modified by that certain Second
Amendment to Amended and Restated Lease Agreement dated November 24, 1987, and further
modified by that certain Third Amendment to Amended and Restated Lease Agreement dated
April 15, 1993 (the foregoing hereinafter being collectively referred to as the "Retail Lease").
The parties intend to negotiate a fourth amendment to the Retail Lease. It is intended that the
issues which will be the subject to such negotiation will include the following:
1) Negotiate a clarification of subsection "(iv)" contained in the definition of
"Developer Equity Investment", which appears in Section 1.2 (16) of the Retail
Lease, to more clearly define "net proceeds".
2) Negotiate a clarification of the meaning of "long-term financing or refinancing"
as such appears in Section 6.1(a) of the Retail Lease.
3) Negotiate an increase in the cap contained in Section 6.1(a) of the Retail Lease
which currently provides that Developer shall in no event finance an amount in
excess of Development Costs.
4) Negotiate changes to the definition of Net Income Available for Distribution,
under Section 1.2 of the Retail Lease.
5) Negotiate the expansion of the definition of the term "Institutional Investor" to
update and more broadly define same.
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