FIESTA MARKETPLACE PARTNERS (4) - Laserfiche WebLink

Home Browse Search

D. The rict application of the B. lding Code of the City of Santa Ana (the "Building Code") would preclude the installation of said door and/or window openings. However, by the execution of this Agreement, the parties can provide equivalent protection against the spread of fire between the Fiesta Building and any building which may hereafter be constructed on the Mercado Site and thus allow the City of Santa Ana to issue building permits for said door and/or window installation. NOW, THEREFORE, in consideration of their mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties hereto do hereby agree as follows: 1. So long as the City retains title to the Mercado Site, no building nor any portion of any building shall be constructed within twenty (20) feet of the property line which separates the Fiesta Building and the Mercado Site; provided, however, the foregoing restriction shall only apply and be effective during such times as door and/or window openings exist in the eastern exterior wall of the Mercado Site. 2. At such time, if ever, as the City conveys title to the Mercado Site to any other person or entity, Fiesta shall close off all door and/or window openings in the eastern exterior wall of the Fiesta Building as necessary to comply with those provisions of the Building Code which pertain to openings in the exterior walls of buildings located at or near property lines. The City shall not offer to sell the Mercado Site to any person or entity other than Fiesta without having first offered to sell it to Fiesta on the same terms and conditions and having had such offer refused by Fiesta. Any such offer to Fiesta which is not accepted within thirty (30) days shall be deemed refused. 2.