Common use of Setbacks Clause in Contracts

Setbacks. (a) No dwelling house shall be constructed or maintained on any residential lot having a setback of less than twenty (20) feet nor more than thirty (30) feet from the street upon which the lot fronts, nor within five (5) feet of any sidelines of the lot. No garage or appurtenant outbuilding shall be constructed or maintained on any residential lot having a setback of less than twenty (20) feet from the street on which the lot fronts or within five (5) feet of any side line of the lot. In the case of corner lots, the Association shall designate the manner and under the conditions set forth in Paragraph 14 herein which line or lines of the lot shall be sidelines, and on which street a dwelling house shall face, which street shall be the street from which setbacks shall be effective in the case of corner lots the set ▇▇▇▇ from the side street shall be not less than ten (10) feet. (b) In the case of structures, other than dwellings, located on the rear half of any lot, the sideline restrictions contained in Paragraph (a) of this Section 3 shall not apply. (c) No building or structure shall be constructed or maintained upon any lot which shall prevent the free and unobstructed use of any easement across any portion of said lot for sewers or other public services or utilities, The easements affecting Lots 250 to 315, both inclusive, and 318 to 328, both inclusive, are delineated on said Map, With respect to the remaining lots as shown on said Map, and with respect to that portion of said property not shown on said Map, the right to grant any such easement at any time or from time to time is hereby expressly reserved by and to the Association. (d) Notwithstanding any other provisions of this Section 3, in the case of any lots designated on said Map, or in the case of portions of said property not included in such Map, setbacks less than those set forth In Paragraph (a) of this Section 3 may be established by the Association where the topography of the ground or the location of easements for sewers or other public services or utilities so requires, provided that such setbacks shall not be less than ten (10) feet in any case. In the case of lots designated on the Map, as to which the setback is modified for any of the foregoing reasons, the Association shall in any case prior to the sale of, or the erection of any structure on, any such lots, recorded in the office of the County Recorder of Alameda, a Supplemental Declaration of Restrictions showing such modified setbacks, the right to establish which is hereby expressly reserved by and to the Association.

Setbacks. 44.1 So long as Tenant shall lease the entire second (2nd) floor of the Building pursuant to the terms of this Lease (it being agreed that the exclusive license granted to Tenant pursuant to the terms of this Article 44 shall be immediately terminated, if Tenant shall for any reason no longer lease the entire second (2nd) floor of the Building), Landlord grants Tenant an exclusive license (subject to the terms of Section 44.8 hereof) from the Commencement Date (with respect to the North Second Floor Setback) and the South Second Floor Setback Possession Date (with respect to the South Second Floor Setback) through the expiration or sooner termination of this Lease to use, perform alterations thereto, and maintain and repair, the Setbacks, in each case upon and subject to the terms of this Article 44. Landlord shall deliver to Tenant vacant, broom-clean possession of (a) the North Second Floor Setback on the Commencement Date and (b) the South Second Floor Setback on the South Second Floor Setback Possession Date. Tenant’s use of the Setbacks shall at all times be for outdoor seating, entertainment and a reception area, and for such other lawful purposes as shall have been approved in writing in advance by Landlord in Landlord’s sole and absolute discretion, but for no other purpose. The grant of this license is personal to, and for the sole benefit of and use by Tenant or a subtenant of all or substantially all of the Premises approved by Landlord in accordance with the terms hereof and, accordingly, this license may not otherwise be assigned, sublet, licensed, or otherwise transferred in whole or in part. No dwelling house third party may use the Setbacks other than the members, shareholders, partners, employees and invitees of Tenant or such subtenant, nor may Tenant receive any fees or other payment for the use of such Setbacks. Except as otherwise expressly provided herein, the Setbacks are provided to Tenant in their “as is” condition and Landlord makes no representation or warranty, express or implied, as to the condition, sufficiency, quality, or fitness for any purpose of the Setbacks (including any representation or warranty as to whether the Setbacks is suitable for Tenant’s use or whether the Setbacks can be legally used for the purposes described in this Article 44). Landlord shall have no liability of any kind or nature directly or indirectly arising from Tenant’s use, alterations to, or repair or maintenance of, the Setbacks. 44.2 Tenant shall, at its expense, use, perform alterations thereto, and maintain and repair, the Setbacks during the term of this Lease in compliance with all applicable Legal Requirements, the Rules and Regulations, Tenant Alteration Guidelines, any requirements of Landlord’s insurance underwriters, and any applicable roofing warranties or guaranties (collectively, the “Setback Requirements”). Except as otherwise expressly provided herein, Tenant shall, at its expense, obtain and maintain all permits, licenses, variances, authorizations, and approvals, including any amendment of the Building’s certificate of occupancy (collectively, the “Setback Permits”) that may be required to use, perform alterations thereto, and maintain or repair, the Setbacks in compliance with all Setback Requirements. Landlord (at Tenant’s expense) shall reasonably cooperate with Tenant in connection therewith and shall join in any applications required by governmental authorities in connection with any required amendment to the Building’s certificate of occupancy, provided, however, that any amendment to such certificate of occupancy shall not be deemed to change any of the terms of this Article 44 nor be deemed to impose any additional burdens on Landlord or other tenants in the Building. Except as otherwise expressly provided herein, the terms of Section 5.4 hereof shall be constructed fully applicable to the Setbacks. 44.3 Tenant will not (1) store or keep any equipment, supplies, refuse, or merchandise on the Setbacks, (2) enclose the Setbacks or any portion thereof, (3) perform any construction on the Setbacks or thereto without Landlord’s prior written approval upon and subject to the applicable terms of this Lease, or (4) place anything on the ledges or railings on the Setbacks. Notwithstanding the foregoing, certain items such as furniture and planters may remain on the Setbacks provided that the same are first approved by Landlord (which approval may be withheld in Landlord’s sole and absolute discretion) and subsequently installed, secured and maintained on any residential lot having a setback by Tenant upon and subject to the terms of less than twenty this Article 44 and in compliance with the Setback Requirements (20) feet nor more than thirty (30) feet from including that the street upon foregoing items are not in excess of the load per square foot which the lot frontsSetbacks was designated to carry and which is allowed by applicable Legal Requirements). 44.4 Subject to the terms of this Article 44, nor within five Tenant’s use of the Setbacks shall also be subject to the following conditions: (5i) feet nothing shall be placed, erected or installed on the Setbacks without prior written approval of Landlord (which approval may be withheld in Landlord’s sole and absolute discretion), it being understood that any structures, improvements or planting erected on the Setbacks or alterations made to the Setbacks by Tenant in violation of the terms and conditions of this clause (i) and/or this Lease may be removed and/or restored by Landlord at the expense of Tenant; (ii) no exterior lighting shall be permitted on the Setbacks without the prior written approval of Landlord, which approval may be withheld in Landlord’s sole and absolute discretion; (iii) the walls, parapets, balustrades, railings or other structural elements thereof shall not be painted, covered or otherwise affected by Tenant, without the prior written approval of Landlord (which approval may be withheld in Landlord’s sole and absolute discretion); (iv) no smoking or cooking (or other similar processes) shall be permitted on the Setbacks; (v) Tenant shall not display, erect or inscribe any signs, signage or symbols of any sidelines kind in, on or about the Setbacks without Landlord’s prior written consent (which consent may be withheld in Landlord’s sole and absolute discretion); (vi) Tenant shall not sell or use (or permit to be sold or used) any alcoholic beverages in connection with the use of the lot. No garage or appurtenant outbuilding Setbacks; (vii) Tenant shall be constructed subject to Landlord’s additional requirements imposed from time to time in connection with Tenant’s use of the Setbacks including the hours Tenant shall be permitted to use the Setbacks and Tenant’s use of exterior lighting on the Setbacks; and (viii) at no time shall Tenant’s use of the Setbacks interfere or maintained on any residential lot having a setback adversely affect the normal conduct of less than twenty (20) feet from the street on which the lot fronts or within five (5) feet business of any side line other tenants or occupants of the lotBuilding. In the case For purposes of corner lotsthis Section 44.4, the Association term “signs” or “signage” shall designate mean each or every kind of sign, inscription, banner, flag, awning, canopy, structure, placard, board, stanchion or display. Tenant may bring into the manner and under Setbacks food that has been prepared in advance, provided that the conditions presence of such food in the Setbacks shall not violate the restrictions set forth in Paragraph 14 herein which line or lines of the lot shall be sidelines, and on which street a dwelling house shall face, which street shall be the street from which setbacks shall be effective in the case of corner lots the set ▇▇▇▇ from the side street shall be not less than ten clause (10) feet. (b) In the case of structures, other than dwellings, located on the rear half of any lot, the sideline restrictions contained in Paragraph (aiv) of this Section 3 shall not apply. (c) No building 44.4 or structure shall be constructed or maintained upon cause any lot which shall prevent the free and unobstructed use of any easement across any portion of said lot for sewers unusual or other public services or utilities, The easements affecting Lots 250 objectionable odors to 315, both inclusive, and 318 to 328, both inclusive, are delineated on said Map, With respect to emanate from the remaining lots as shown on said Map, and with respect to that portion of said property not shown on said Map, the right to grant any such easement at any time or from time to time is hereby expressly reserved by and to the AssociationSetbacks. (d) Notwithstanding any other provisions of this Section 3, in the case of any lots designated on said Map, or in the case of portions of said property not included in such Map, setbacks less than those set forth In Paragraph (a) of this Section 3 may be established by the Association where the topography of the ground or the location of easements for sewers or other public services or utilities so requires, provided that such setbacks shall not be less than ten (10) feet in any case. In the case of lots designated on the Map, as to which the setback is modified for any of the foregoing reasons, the Association shall in any case prior to the sale of, or the erection of any structure on, any such lots, recorded in the office of the County Recorder of Alameda, a Supplemental Declaration of Restrictions showing such modified setbacks, the right to establish which is hereby expressly reserved by and to the Association.