Common use of Capital Improvements Clause in Contracts

Capital Improvements. 6.1 Licensee shall perform or cause to be performed during the Interim Period and Term of this License Capital Improvements as defined in Section 2.1 herein. Licensee shall be responsible for all costs associated with such Capital Improvements, including any architectural and design fees necessary to implement the Capital Improvements. 6.2 Capital Improvements shall include, but are not limited to, the items listed in Exhibit C attached hereto . Licensee shall perform and complete all such Capital Improvements in accordance with designs and plans approved by DOT and other government agencies having jurisdiction. Notwithstanding the foregoing, Licensee is permitted to make additional Capital Improvements, provided, however, Licensee first obtains DOT’s prior written consent, which shall not be unreasonably delayed. No consent shall be required for interior cosmetic or decorative alterations done by Licensee. 6.3 All Additional Fixed Equipment and Expendable Equipment applied toward the Capital Improvements required in this Section 6 shall become the property of DOT upon installation, at DOT’s option. 6.4 Licensee must provide Americans with Disabilities Act (“ADA”) accessibility throughout the Licensed Premises, including, but not limited to, installing ADA accessible counters in the food service facility area and providing ADA signage. Licensee shall comply with all New York City, State and Federal requirements to provide safe and accessible recreational opportunities for everyone, including persons with disabilities. At least 20% of seating and tables—for mobility devices—must meet ADA standards. Licensee is encouraged to exceed accessibility requirements whenever possible and not simply provide the minimum level required. 6.5 At DOT’s discretion, Licensee may be required to provide a construction security deposit, in an amount and format approved by DOT, to ensure that all capital work is completed. If required, this security deposit, preferably in the form of a letter of credit, must be in place before any capital work commences. 6.6 To guarantee prompt payment of moneys due to a contractor or his or her subcontractors and to all persons furnishing labor and materials to the contractor or his or her subcontractors in the prosecution of any Capital Improvement Project with an estimated cost exceeding two hundred fifty thousand dollars ($250,000), Licensee shall post a payment bond or other form of undertaking approved by DOT in the amount of one hundred percent (100%) of the cost of such Capital Improvement Project before commencing such work. Such bond or other undertaking shall be in a form acceptable to DOT. For purposes of this provision, a “Capital Improvement Project” shall mean a set of Capital Improvements that are reasonably related in time and purpose as determined by DOT in its sole discretion.

Capital Improvements. 6.1 (a) Licensee shall perform expend or cause to be performed expended during the Interim Period and Term of this License a minimum of Two Million and Twenty-Six Thousand Dollars ($2,026,000) for Capital Improvements as defined in Section 2.1 2.1(b) herein. Licensee shall be responsible for all costs associated with such Capital Improvements, including any The architectural and design fees necessary to implement the Capital Improvements. Improvements shall be included in the foregoing amount, but not the Design Review Fee referenced in Section 6.2 herein. Such Capital Improvements shall include, but are not limited to, the items listed in Exhibit C the Schedule of Capital Improvements attached hereto . as Exhibit D. Licensee shall perform and complete all such Capital Improvements in accordance with designs and plans approved by DOT Parks and other government agencies having jurisdiction. Notwithstanding the foregoing, Licensee is permitted to make additional Capital Improvements, provided, however, Licensee first obtains DOT’s prior the express written consentconsent of the Commissioner, which shall not be unreasonably delayedwithheld. No consent shall be required for interior cosmetic or decorative alterations done by Licensee. 6.3 All Additional Fixed Equipment and Expendable Equipment applied toward the Capital Improvements required in this Section 6 Article shall become the property of DOT Parks upon installation, at DOT’s Parks’ option. 6.4 (b) Licensee must provide Americans with Disabilities Act (“ADA”) accessibility as required by prevailing code throughout the Licensed Premises, including, but not limited to, providing ADA compliant restroom(s), installing ADA accessible service counters in and doors and egress throughout the food service facility area Licensed Premises, installing ramps, as needed, and providing ADA signage. Licensee shall comply with all New York City, State State, and Federal requirements to provide safe and accessible recreational opportunities for everyone, including persons with disabilities. At least 20% of seating and tables—for mobility devices—must meet ADA standards. Licensee is encouraged to exceed accessibility requirements whenever possible and not simply provide the minimum level required. 6.5 6.2 (a) At DOT’s Parks’ discretion, Licensee may be required to provide a construction security deposit, in an amount and format approved by DOTParks, to ensure that all capital work is completed. If required, this security deposit, preferably in the form of a letter of credit, must be in place before any capital work commences. 6.6 To guarantee prompt payment of moneys due to a contractor or his or her subcontractors and to all persons furnishing labor and materials to the contractor or his or her subcontractors in the prosecution of any Capital Improvement Project with an estimated cost exceeding two hundred fifty thousand dollars ($250,000), Licensee shall post a payment bond or other form of undertaking approved by DOT in the amount of one hundred percent (100%) of the cost of such Capital Improvement Project before commencing such work. Such bond or other undertaking shall be in a form acceptable to DOT. For purposes of this provision, a “Capital Improvement Project” shall mean a set of Capital Improvements that are reasonably related in time and purpose as determined by DOT in its sole discretion.

Capital Improvements. 6.1 (a) Licensee shall perform expend or cause to be performed expended during the Interim Period and Term of this License a minimum of five hundred thousand dollars ($500,000) for Capital Improvements as defined in Section 2.1 2.1(b) herein. Licensee shall be responsible for all costs associated with such Capital Improvements, including any The architectural and design fees necessary to implement the Capital Improvements. Improvements shall be included in the foregoing amount, but not the Design Review Fee referenced in Section 6.2 herein. Such Capital Improvements shall include, but are not limited to, the items listed in Exhibit C the Schedule of Capital Improvements attached hereto . as Exhibit D. Licensee shall perform and complete all such Capital Improvements at its sole cost and expense and in accordance with designs and plans approved by DOT Parks and other government agencies having jurisdiction. If, for reasons outside the control of Licensee, Licensee does not receive approval for any and all permits from Parks or any other agency of the City of New York (provided that in each case the party applying for any such permit or approval has submitted a complete application for, and has made diligent and good faith efforts to comply with all conditions of the governmental agency granting such, permits or approvals), Licensee and Parks shall work together to revise the plan for Capital Improvements. Notwithstanding the foregoing, Licensee is permitted to make additional Capital Improvements, provided, however, Licensee first obtains DOT’s prior the express written consentconsent of the Commissioner, which shall not be unreasonably withheld, conditioned or delayed. No consent shall be required for interior cosmetic or decorative alterations done by Licensee. 6.3 All Additional Fixed Equipment and Expendable Equipment applied toward the Capital Improvements required in this Section 6 shall become the property of DOT Parks upon installation, at DOT’s Parks’ option. 6.4 (b) Licensee must shall provide Americans with Disabilities Act (“ADA”) accessibility as required by prevailing code throughout the Licensed Premises, including, but not limited to, installing ADA accessible counters in the food service facility area counters, installing ramps, as needed, and providing ADA signage. Licensee shall comply with all New York City, State State, and Federal requirements to provide safe and accessible recreational opportunities for everyone, including persons with disabilities. At least 20% of seating and tables—for mobility devices—must meet ADA standards. Licensee is encouraged to exceed accessibility requirements whenever possible possible, and not simply provide the minimum level required. 6.5 (a) Upon affixing its signature to this License Agreement, Licensee shall pay to the City the amount of five thousand dollars ($5,000), representing one percent (1%) of the cost of the minimum guaranteed Capital Improvements described in Section 6.1 above, as a fee for design review by Parks personnel (the “Design Review Fee”). (b) At DOT’s Parks’ discretion, Licensee may be required to provide a construction security deposit, in an amount and format approved by DOTParks, to ensure that all capital Capital Improvement work is completed. If required, this security deposit, preferably in the form of a letter of credit, must be in place before any capital Capital Improvement work commences.. No construction security deposit shall be required for the Capital Improvements listed on Exhibit D. 6.6 (c) To guarantee prompt payment of moneys due to a contractor or his or her subcontractors and to all persons furnishing labor and or materials to the contractor or his or her subcontractors in the prosecution of any Capital Improvement Project with an estimated cost exceeding two hundred fifty thousand dollars ($250,000), Licensee shall post or cause to be posted a payment bond or other form of undertaking approved by DOT Parks in the amount of one hundred percent (100%) of the cost of such Capital Improvement Project before commencing such work. Such bond or other undertaking shall be in a form acceptable to DOT. For purposes of this provision, a “Capital Improvement Project” shall mean a set of Capital Improvements that are reasonably related in time and purpose as determined by DOT in its sole discretion.such

Capital Improvements. 6.1 (a) Licensee shall perform expend or cause to be performed expended during the Interim Period and Term of this License a minimum of Two Million, Five Hundred Fifty-Five Thousand, Seven Hundred Seven Dollars and Eighty-Five cents ($2,555,707.85) for Capital Improvements as defined in Section 2.1 2.1(b) herein. Licensee shall be responsible for all costs associated with such Capital Improvements, including any architectural The architectural/engineering and design fees necessary to implement the Capital Improvements. Improvements shall be included in the foregoing amount, but not the Design Review Fee referenced in Section 6.2 herein. Such Capital Improvements shall include, but are not limited to, the items listed in Exhibit C the Schedule of Capital Improvements attached hereto . as Exhibit D. Licensee shall perform and complete all such Capital Improvements at its sole cost and expense and in accordance with designs and plans approved by DOT Parks and other government agencies having jurisdiction. Notwithstanding the foregoing, Licensee is permitted to make additional Capital Improvements, provided, however, Licensee first obtains DOTthe express written consent of the Commissioner, in the Commissioner’s prior written consent, which shall not be unreasonably delayedsole judgment. No consent shall be required for interior cosmetic or decorative alterations done by Licensee. 6.3 All Additional Fixed Equipment and Expendable Equipment applied toward the Capital Improvements required in this Section Article 6 shall become the property of DOT Parks upon installation, at DOT’s Parks’ option. 6.4 (b) Licensee must shall provide Americans with Disabilities Act (“ADA”) accessibility as required by prevailing code throughout the Licensed Premises, including, but not limited to, installing ADA accessible service counters in the food service facility area Outdoor Cafes, installing ramps, as needed, and providing ADA signage. Licensee shall comply with all New York City, State and Federal requirements to provide safe and accessible recreational opportunities for everyone, including persons with disabilities. At least 20% with (a) Upon affixing its signature to this License Agreement, Licensee shall pay to the City the amount of seating Twenty -Five Thousand, Five Hundred and tables—for mobility devices—must meet ADA standards. Licensee is encouraged to exceed accessibility requirements whenever possible Fifty-Seven Dollars and not simply provide Eight cents ($25,557.08) representing one percent (1%) of the cost of the minimum level requiredguaranteed Capital Improvements described in Section 6.1 above, as a fee for design review by Parks personnel (the “Design Review Fee”). 6.5 (b) At DOT’s Parks’ discretion, Licensee may be required to provide a construction security deposit, in an amount and format approved by DOTParks, to ensure that all capital work is completed. If required, this This security deposit, preferably in the form of a letter of credit, must be in place before any capital work commences. 6.6 (c) To guarantee prompt payment of moneys monies due to a contractor or his or her subcontractors and to all persons furnishing labor and or materials to the contractor or his or her subcontractors in the prosecution performance of any Capital Improvement Project Project, as defined below, with an estimated cost exceeding two hundred fifty thousand dollars ($250,000250,000.00), Licensee shall post or cause to be posted a payment bond or other form of undertaking approved by DOT Parks in the amount of one hundred percent (100%) of the cost of such Capital Improvement Project before commencing such work. Such bond or other undertaking shall be in a form acceptable to DOTParks. For purposes of this provision, a “Capital Improvement Project” shall mean a set of Capital Improvements that are reasonably related in time and purpose as determined by DOT Parks in its sole discretion.. In the event that Licensee does not post or cause to be posted a payment bond as required hereunder, the following undertaking will satisfy the requirements of this Section 6.2(c):

Capital Improvements. 6.1 (a) Licensee shall perform expend or cause to be performed expended during the Interim Period and Term of this License a minimum of Three Hundred Fifty Thousand Dollars ($350,000) for Capital Improvements as defined in Section 2.1 2.1(b) herein. Licensee shall be responsible for all costs associated with such Capital Improvements, including any The architectural and design fees necessary to implement the Capital Improvements. Improvements shall be included in the foregoing amount, but not the Design Review Fee referenced in Section 6.2 herein. Such Capital Improvements shall include, but are not limited to, the items listed in Exhibit C the Schedule of Capital Improvements attached hereto . as Exhibit D. Licensee shall perform and complete all such Capital Improvements in accordance with designs and plans approved by DOT Parks and other government agencies having jurisdiction. Notwithstanding the foregoing, Licensee is permitted to make additional Capital Improvements, provided, however, Licensee first obtains DOT’s prior the express written consentconsent of the Commissioner, which shall not be unreasonably delayedwithheld. No consent shall be required for interior cosmetic or decorative alterations done by Licensee. 6.3 All Additional Fixed Equipment and Expendable Equipment applied toward the Capital Improvements required in this Section 6 Article shall become the property of DOT Parks upon installation, at DOT’s Parks’ option. 6.4 (b) Licensee must provide Americans with Disabilities Act (“ADA”) accessibility throughout the Licensed Premises, including, but not limited to, installing ADA accessible service counters in the food service facility area restaurant area, installing ramps, as needed, and providing ADA signage. Licensee shall comply with all New York City, State State, and Federal requirements to provide safe and accessible recreational opportunities for everyone, including persons with disabilities. At least 20% of seating and tables—for mobility devices—must meet ADA standards. Licensee is encouraged to exceed accessibility requirements whenever possible and not simply provide the minimum level required. 6.5 6.2 (a) At DOT’s Parks’ discretion, Licensee may be required to provide a construction security deposit, in an amount and format approved by DOTParks, to ensure that all capital work is completed. If required, this security deposit, preferably in the form of a letter of credit, must be in place before any capital work commences. 6.6 To guarantee prompt payment of moneys due to a contractor or his or her subcontractors and to all persons furnishing labor and materials to the contractor or his or her subcontractors in the prosecution of any Capital Improvement Project with an estimated cost exceeding two hundred fifty thousand dollars ($250,000), Licensee shall post a payment bond or other form of undertaking approved by DOT in the amount of one hundred percent (100%) of the cost of such Capital Improvement Project before commencing such work. Such bond or other undertaking shall be in a form acceptable to DOT. For purposes of this provision, a “Capital Improvement Project” shall mean a set of Capital Improvements that are reasonably related in time and purpose as determined by DOT in its sole discretion.

Capital Improvements. 6.1 (a) Licensee shall perform expend or cause to be performed expended, during the Interim Period and Term of this License License, a minimum of Seven Hundred Thousand Dollars ($700,000) for Capital Improvements as defined in Section 2.1 2.1(b) herein. Licensee shall be responsible for all costs associated with such Capital Improvements, including any The architectural and design fees necessary to implement the Capital Improvements. Improvements shall be included in the foregoing amount, but not the Design Review Fee referenced in Section 6.2 herein. Such Capital Improvements shall include, but are not limited to, the items listed in Exhibit C the Schedule of Capital Improvements attached hereto . as Exhibit D. Licensee shall perform and complete all such Capital Improvements in accordance with designs and plans approved by DOT Parks and other government agencies having jurisdiction. Notwithstanding the foregoing, Licensee is permitted to make additional Capital Improvements, provided, however, Licensee first obtains DOT’s prior the express written consentconsent of the Commissioner, which shall not be unreasonably delayedwithheld. No consent shall be required for interior cosmetic or decorative alterations done by Licensee. 6.3 All Additional Fixed Equipment and Expendable Equipment applied toward the Capital Improvements required in this Section 6 Article shall become the property of DOT Parks upon installation, at DOT’s Parks’ option. 6.4 (b) Licensee must provide Americans with Disabilities Act (“ADA”) accessibility throughout the Licensed Premises, including, but not limited to, installing ADA accessible service counters in the food service facility area restaurant area, installing ramps, as needed, and providing ADA signage. Licensee shall comply with all New York City, State State, and Federal requirements to provide safe and accessible recreational opportunities for everyone, including persons with disabilities. At least 20% of seating and tables—for mobility devices—must meet ADA standards. Licensee is encouraged to exceed accessibility requirements whenever possible and not simply provide the minimum level required. 6.5 6.2 (a) At DOT’s Parks’ discretion, Licensee may be required to provide a construction security deposit, in an amount and format approved by DOTParks, to ensure that all capital work is completed. If required, this security deposit, preferably in the form of a letter of credit, must be in place before any capital work commences. 6.6 To guarantee prompt payment of moneys due to a contractor or his or her subcontractors and to all persons furnishing labor and materials to the contractor or his or her subcontractors in the prosecution of any Capital Improvement Project with an estimated cost exceeding two hundred fifty thousand dollars ($250,000), Licensee shall post a payment bond or other form of undertaking approved by DOT in the amount of one hundred percent (100%) of the cost of such Capital Improvement Project before commencing such work. Such bond or other undertaking shall be in a form acceptable to DOT. For purposes of this provision, a “Capital Improvement Project” shall mean a set of Capital Improvements that are reasonably related in time and purpose as determined by DOT in its sole discretion.

Capital Improvements. 6.1 (a) Licensee shall perform expend or cause to be performed expended during the Interim Construction Period and Term of this License a minimum of $2,208,341 (Two million two hundred and eight thousand and three hundred forty-one dollars) for Capital Improvements as defined in Section 2.1 2.1(b) herein. Licensee shall Notwithstanding anything to the contrary contained herein, and upon providing invoices for the equipment or materials (or otherwise justifying the values), such amounts will be responsible applied toward the minimum required for all costs associated with such Capital Improvements, including any . The architectural and design fees necessary to implement the Capital Improvements.Improvements shall be included in the foregoing amount, but not the Design Review Fee referenced in Section 6.2 herein. Such Capital Improvements shall include, but are not limited to, the items listed in Exhibit C the Schedule of Capital Improvements attached hereto . as Exhibit D. Licensee shall perform and complete all such Capital Improvements in accordance with designs and plans approved by DOT Parks and other government agencies having jurisdiction. If, for reasons outside the control of Licensee, Licensee does not receive approval for any and all permits from Parks or any other agency of the City of New York (provided that in each case the party applying for any such permit or approval has submitted a complete application for, and has made diligent and good faith efforts to comply with all conditions of the governmental agency granting such, permits or approvals) or if Licensee does not receive approval from ConEdison, Licensee and Parks shall work together to revise the plan for Capital Improvements. Notwithstanding the foregoing, Licensee is permitted to make additional Capital Improvements, provided, however, Licensee first obtains DOT’s prior the express written consentconsent of the Commissioner, which shall not be unreasonably delayedwithheld. No consent shall be required for interior cosmetic or decorative alterations done by Licensee. 6.3 All Additional Fixed Equipment and Expendable Equipment applied toward the Capital Improvements required in this Section 6 Article shall become the property of DOT Parks upon installation, at DOT’s Parks’ option. 6.4 Licensee must provide Americans with Disabilities Act (“ADA”) accessibility throughout the Licensed Premises, including, but not limited to, installing ADA accessible counters in the food service facility area and providing ADA signage. Licensee shall comply with all New York City, State and Federal requirements to provide safe and accessible recreational opportunities for everyone, including persons with disabilities. At least 20% of seating and tables—for mobility devices—must meet ADA standards. Licensee is encouraged to exceed accessibility requirements whenever possible and not simply provide the minimum level required. 6.5 At DOT’s discretion, Licensee may be required to provide a construction security deposit, in an amount and format approved by DOT, to ensure that all capital work is completed. If required, this security deposit, preferably in the form of a letter of credit, must be in place before any capital work commences. 6.6 To guarantee prompt payment of moneys due to a contractor or his or her subcontractors and to all persons furnishing labor and materials to the contractor or his or her subcontractors in the prosecution of any Capital Improvement Project with an estimated cost exceeding two hundred fifty thousand dollars ($250,000), Licensee shall post a payment bond or other form of undertaking approved by DOT in the amount of one hundred percent (100%) of the cost of such Capital Improvement Project before commencing such work. Such bond or other undertaking shall be in a form acceptable to DOT. For purposes of this provision, a “Capital Improvement Project” shall mean a set of Capital Improvements that are reasonably related in time and purpose as determined by DOT in its sole discretion.

Capital Improvements. 6.1 (a) Licensee shall perform expend or cause to be performed expended during the Interim Period and Term of this License a minimum of Seven Million Five Thousand Four Hundred Twenty-Seven Dollars ($7,005,427) for Capital Improvements as defined in Section 2.1 2.1(b) herein. Licensee shall be responsible for all costs associated with such Capital Improvements, including any The architectural and design fees necessary to implement the Capital Improvements. Improvements shall be included in the foregoing amount, but not the Design Review Fee referenced in Section 6.2 herein. Such Capital Improvements shall include, but are not limited to, the items listed in Exhibit C the Schedule of Capital Improvements attached hereto . as Exhibit D. Licensee shall perform and complete all such Capital Improvements in accordance with designs and plans approved by DOT Parks and other government agencies having jurisdiction. Notwithstanding the foregoing, Licensee is permitted to make additional Capital Improvements, provided, however, Licensee first obtains DOT’s prior the express written consentconsent of the Commissioner, which shall not be unreasonably delayedwithheld. No consent shall be required for interior cosmetic or decorative alterations done by Licensee. 6.3 All Additional Fixed Equipment and Expendable Personal Equipment applied toward the Capital Improvements required in this Section 6 Article shall become the property of DOT Parks upon installation, at DOT’s Parks’ option. 6.4 (b) Licensee must provide Americans with Disabilities Act (“ADA”) accessibility as required by prevailing code throughout the Licensed Premises, including, but not limited to, providing ADA accessibility to the gas stations and food service structures, providing ADA compliant restroom(s), installing ADA accessible service counters in and doors and egress throughout the food service facility area Licensed Premises, installing ramps, as needed, and providing ADA signage. Licensee shall comply with all New York City, State State, and Federal federal requirements to provide safe and accessible recreational opportunities for everyone, including persons with disabilities. At least 20% of seating and tables—for mobility devices—must meet ADA standards. Licensee is encouraged to exceed accessibility requirements whenever possible and not simply provide the minimum level required. 6.5 At DOT’s discretion(a) Upon affixing its signature to this License Agreement, Licensee may be required shall pay to provide the City the amount of seventy thousand fifty-four dollars and twenty-seven cents ($70,054.27) representing one percent (1%) of the cost of the minimum guaranteed Capital Improvements described in Section 6.1 above, as a construction security deposit, in an amount and format approved fee for design review by DOT, to ensure that all capital work is completed. If required, this security deposit, preferably in Parks personnel (the form of a letter of credit, must be in place before any capital work commences“Design Review Fee”). 6.6 (b) To guarantee prompt payment of moneys due to a contractor or her or his or her subcontractors and to all persons furnishing labor and materials to the contractor or her or his or her subcontractors in the prosecution of any Capital Improvement Project with an estimated cost exceeding two hundred fifty thousand dollars Two Hundred Fifty Thousand Dollars ($250,000), Licensee shall post a payment bond or other form of undertaking approved by DOT ▇▇▇▇▇ in the amount of one hundred percent (100%) of the cost of such Capital Improvement Project before commencing such work. Such bond or other undertaking shall be in a form acceptable to DOTParks. For purposes of this provision, a “Capital Improvement Project” shall mean a set of Capital Improvements that are reasonably related in time and purpose as determined by DOT Parks in its sole discretion. In the event that Licensee does not post or cause to be posted a payment bond as required hereunder, the following undertaking will satisfy the requirements of this Section 6.2(c); (i) Licensee guarantees payment in accordance with the provisions of Exhibit H, attached hereto and made a part hereof; and (ii) Licensee causes payment bonds to be posted by all contractors of Licensee and their subcontractors guaranteeing prompt payment of monies due to all person furnishing labor or materials to such contractors or subcontractors in the prosecution of the Capital Improvement Project.

Capital Improvements. 6.1 Licensee shall perform expend or cause to be performed expended during the Interim Period and Term of this License a minimum of $250,000 for Capital Improvements as defined in Section 2.1 herein. Licensee shall be responsible for all costs associated with such Capital Improvements, including any The architectural and design fees necessary to implement the Capital ImprovementsImprovements shall be included in the foregoing amount, but not the Design Review Fee referenced in Section 6.6 herein. 6.2 Capital Improvements shall include, but are not limited to, the items listed in Exhibit C attached hereto . Licensee shall perform and complete all such Capital Improvements in accordance with designs and plans approved by DOT and other government agencies having jurisdiction. Notwithstanding the foregoing, Licensee is permitted to make additional Capital Improvements, provided, however, Licensee first obtains DOT’s prior express written consent, which shall not be unreasonably delayed. No consent shall be required for interior cosmetic or decorative alterations done by Licensee. 6.3 All Additional Fixed Equipment and Expendable Equipment applied toward the Capital Improvements required in this Section 6 shall become the property of DOT upon installation, at DOT’s option. 6.4 Licensee must provide Americans with Disabilities Act (“ADA”) accessibility throughout the Licensed Premises, including, but not limited to, installing ADA accessible counters in the food service facility area at Kiosk 1 and Kiosk 2 and providing ADA signage. Licensee shall comply with all New York City, State and Federal requirements to provide safe and accessible recreational opportunities for everyone, including persons with disabilities. At least 20% of seating and tables—for mobility devices—must meet ADA standards. Licensee is encouraged to exceed accessibility requirements whenever possible and not simply provide the minimum level required. 6.5 At DOT’s discretion, Licensee may be required to provide a construction security deposit, in an amount and format approved by DOT, to ensure that all capital work is completed. If required, this security deposit, preferably in the form of a letter of credit, must be in place before any capital work commences. 6.6 Upon affixing its signature to this License Agreement, Licensee shall pay to the City the amount of $2,500 representing one percent of the cost of the minimum guaranteed Capital Improvements described in Section 6.1 above, as a fee for design review by DOT personnel (the “Design Review Fee”). 6.7 To guarantee prompt payment of moneys due to a contractor or his or her subcontractors and to all persons furnishing labor and materials to the contractor or his or her subcontractors in the prosecution of any Capital Improvement Project with an estimated cost exceeding two hundred fifty thousand dollars ($250,000), Licensee shall post a payment bond or other form of undertaking approved by DOT in the amount of one hundred percent (100%) of the cost of such Capital Improvement Project before commencing such work. Such bond or other undertaking shall be in a form acceptable to DOT. For purposes of this provision, a “Capital Improvement Project” shall mean a set of Capital Improvements that are reasonably related in time and purpose as determined by DOT in its sole discretion.

Capital Improvements. 6.1 (a) Licensee shall perform expend or cause to be performed expended during the Interim Period and Term of this License a minimum of Six Hundred Thousand Dollars ($600,000.00) for Capital Improvements as defined in Section 2.1 2.1(b) herein. Licensee shall be responsible for all costs associated with such Capital Improvements, including any The architectural and design fees necessary to implement the Capital Improvements. Improvements shall be included in the foregoing amount, but not the Design Review Fee referenced in Section 6.2 herein. Such Capital Improvements shall include, but are not limited to, the items listed in Exhibit C the Schedule of Capital Improvements attached hereto . as Exhibit D. Licensee shall perform and complete all such Capital Improvements in accordance with designs and plans approved by DOT Parks and other government agencies having jurisdiction. Notwithstanding the foregoing, Licensee is permitted to make additional Capital Improvements, provided, however, Licensee first obtains DOT’s prior the express written consentconsent of the Commissioner, which shall not be unreasonably delayedwithheld. No consent shall be required for interior cosmetic or decorative alterations done by Licensee. 6.3 All Additional Fixed Equipment and Expendable Equipment applied toward the Capital Improvements required in this Section 6 shall become the property of DOT Parks upon installation, at DOT’s Parks’ option. 6.4 (b) Licensee must provide Americans with Disabilities Act (“ADA”) accessibility throughout the Licensed Premises, including, but not limited to, installing ADA accessible counters in the food service facility area area, installing ramps, as needed, and providing ADA signage. Licensee shall comply with all New York City, State State, and Federal requirements to provide safe and accessible recreational opportunities for everyone, including persons with disabilities. At least 20% of seating and tables—for mobility devices—must meet ADA standards. Licensee is encouraged to exceed accessibility requirements whenever possible and not simply provide the minimum level required. 6.5 6.2 (a) At DOT’s Parks’ discretion, Licensee may be required to provide a construction security deposit, in an amount and format approved by DOTParks, to ensure that all capital work is completed. If required, this security deposit, preferably in the form of a letter of credit, must be in place before any capital work commences. 6.6 To guarantee prompt payment of moneys due to a contractor or his or her subcontractors and to all persons furnishing labor and materials to the contractor or his or her subcontractors in the prosecution of any Capital Improvement Project with an estimated cost exceeding two hundred fifty thousand dollars ($250,000), Licensee shall post a payment bond or other form of undertaking approved by DOT in the amount of one hundred percent (100%) of the cost of such Capital Improvement Project before commencing such work. Such bond or other undertaking shall be in a form acceptable to DOT. For purposes of this provision, a “Capital Improvement Project” shall mean a set of Capital Improvements that are reasonably related in time and purpose as determined by DOT in its sole discretion.