No. 2241 approving a development agreement with gameday centers Southeastern, LLC and related matters

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sublease portions of the Commission Facility in accordance with the p rovisions of this Agreement and may contract to fulfill the Developer's obligations under the Developer Lease, the Developer may not convey or transfer its obligations under the Lease to any other entity without the express written consent of the Commission. The terms of the Developer Lease, any sublease, and any operating and maintenance agreement entered into with respect to the Commission Facility shall comply with any financing obligations associated with the Commission's source of funding for the payment of the Purchase Price. 5.8 Use of Commission Facility. Under the terms of the Developer Lease, the Developer may use any Project Spaces that are a part of the Commission Facility for any lawful purpose. The Additional Spaces shall be regularly available (i) for lawful uses unrelated to the Condo Development or the Retail Shops, such as monthly parking for employees of nearby businesses, or reserved parking for individuals or for owners or tenants of nearby businesses or organizations, or (ii) for hourly, daily or event parking for any lawful purpose. To the extent that after the Project's completion, the Additional Spaces are advertised as monthly parking spaces or as spaces available for sublease the Developer need not discriminate based on whether the potential parker is affiliated with the Project provided that all of the Project Spaces have been allocated among the potential uses of the Project as contemplated in the Final Site Plans approved by the Commission in accordance with the Purchase Contract. During the term of the Developer Lease, the Developer shall only enter into a sublease of a space in the Commission Facility to a private individual or individuals, a for - profit business, and any other entity approved • by the Commission in writing. A subleasee's rights under the any sublease shall not exceed the Developer's rights under the Developer Lease. Under the terms of any sublease, the subleasee shall be responsible for abiding by any use restrictions set forth in the Developer Lease and for the obligations set forth in the Developer Lease with the understanding that the existence of the sublease shall in no way convey or release the Developer from its obligations under the Developer Lease. The Developer shall have full right to all revenues received by virtue of its use and leasehold interest under the Developer Lease. Notwithstanding the terms set forth in this paragraph, the Developer Lease shall provide that the Developer may not operate the Commission Facility or receive payments for the use thereof in a manner inconsistent with the financing obligations associated with the Commission's source of funding for the payment of the Commission Purchase Price. 5.9 Use of Parking Facility. If the Developer exercises its Commission Purchase Option under this Section, the Developer Lease shall provide that the Developer must offer any Project Spaces in the Parking Facility that in practice are regularly unused for partial public parking (such as hourly, daily or event parking or as conditional monthly parking), to the extent practicable, and shall receive all proceeds in relation thereto. The foregoing sentence shall not apply to spaces specifically marketed and subleased as spaces reserved for a particular owner of a condo or an interest in the Retail Shops, whether an individual or business. 5.10 Expansion of Parking Facility. The Developer has expressed a desire to expand the Parking Facility whether by adding an additional floor to the Parking Facility or by • expanding the Site (and thus the Parking Facility) to the north. If the Developer expands the F:\ DATA\ SHARED ..egal \Wpdata \SEP\Economic Development \Gameday \Gameday Development Agreement (version 4).doc 9