Common use of Use and Compliance With Laws Clause in Contracts

Use and Compliance With Laws. (a) Redeveloper or an operator under contract to Redeveloper shall use and operate the Property solely for the following purposes: (i) the construction and operation of the Hotel in whole or in part. (ii) the construction and operation of the Card Club containing the maximum number of gaming tables permitted, subject to health and safety codes and marketing consideration, in order to maximize revenues. (iii) operation of one or more restaurants (the "Restaurants"). (b) Redeveloper shall have the obligation to provide ancillary facilities which may include but need not be limited to a night club, a sports bar and other entertainment facilities. The parties recognize that public demand for such matters may vary from time to time as public tastes and technology change, and Redeveloper agrees to consult with Agency with respect to the installation, commencement and termination of operation, substitution and other modification or replacement of such ancillary facilities. Redeveloper covenants to and for the benefit of Agency that, subject to Section 32 hereof, Redeveloper shall continuously and uninterruptedly, throughout the Term of this Lease, operate the Hotel, in whole or in part, the Card Club and one or more Restaurants on the Property, following completion of the Initial Improvements constituting the Project, subject to temporary closures for repairs or remodeling which are reasonable in frequency and duration. Redeveloper shall diligently pursue obtaining the requisite permission from the State of California for operation of the Card Club. (c) At all times from and after opening for business, Redeveloper shall at all times during the Term hereof obtain, keep and maintain all licenses and permits required by state and local governmental authorities necessary to operate the Hotel and the Entertainment Center from the Property. Redeveloper hereby agrees to comply with all obligations under the Card Club License issued by the City of ▇▇▇▇▇▇▇, and Redeveloper's breach thereof or the termination thereof shall be a breach of this Lease. (d) Redeveloper shall at all times provide such security for operation of the Hotel and Entertainment Center as shall reasonably be required to provide all necessary protection for the customers, employees, guests, contractors and other invitees of the Entertainment Center. Redeveloper shall fully comply with the security requirements of the City of ▇▇▇▇▇▇▇ Card Club Ordinance and with the Security Plan submitted to and approved by the City in connection with the issuance of the Card Club License. Neither Agency nor Agency's Executive Director shall have any duty or obligation to review, evaluate, or direct the security of the Hotel and Entertainment Center operation, it being the intent hereof that Redeveloper shall be solely responsible for providing all necessary security. Redeveloper shall indemnify, hold harmless and defend Agency and City against any and all loss, cost or obligation with respect to any claim that any injury to person or property arising out of or in connection with the operation of the Property was the result of or was aggravated by any lack of security or defect in the security plan or the implementation thereof,except for matters caused by the sole active negligence or to the extent of the wilful misconduct of Agency or City. (e) Redeveloper shall, at Redeveloper's expense, comply promptly with all applicable statutes, ordinances, rules, regulations, orders, covenants, conditions, and restrictions of record, and requirements of any governmental authority or the local Insurance Services Office in effect during the Term hereof, regulating the Property, the improvements thereon, or Redeveloper's use of the Property. Redeveloper shall keep and maintain in full force and effect, and in good standing, all permits and licenses required from state and local governmental authorities for operation of the Hotel and Entertainment Center (including the Card Club), and termination of any permit or license shall be a material breach hereof. If the Insurance Services Office or any other similar body or any bureau, department or official of the state, county or city government or any other governmental authority having jurisdiction requires that any changes, modifications, replacements, alterations, or additional equipment necessary to life safety be made or supplied in or to any portion of the Property by reason of Redeveloper's use thereof, Redeveloper shall, at Redeveloper's cost and expense, make and supply such changes, modifications, replacements, alterations or additional equipment. Redeveloper shall not use nor permit the use of the Property in any manner that will tend to create waste or a nuisance. (f) At present, the Property conforms to the Redevelopment Plan. This Lease is conditioned upon, and Redeveloper shall at all times operate the Property, in conformity with the Redevelopment Plan. (g) Notwithstanding anything provided herein to the contrary, the parcels identified as Parcels 2, 3 and 4 of Parcel Map 10784, recorded in Book 112, Pages 96 and 97, of Parcel Maps, Official Records, Los Angeles County, California, Parcels 1 and 2 of Parcel Map 8669, recorded in Book 87, Page 9, of Parcel Maps, Official Records, Los Angeles County, California, and ▇▇▇▇▇▇▇ ▇, ▇, ▇▇▇ ▇▇ ▇▇ ▇▇▇▇▇▇ Map 7899, recorded in Book 79, Page 47-49, of Parcel Maps, Official Records, shall be used by Redeveloper only for surface parking (unless redesignated at the request of Redeveloper and approved by the Agency), and Parcels 8 and 9 of Parcel Map No. 7899 shall be used by Redeveloper only for purposes of expansion of the Card Club and/or for a Casino pursuant to an approved plan of expansion, provided that such plan makes provision for, and Redeveloper in fact provides, not less than 14 gross acres of surface parking on the Property for the benefit of the Hotel and Entertainment Center and for no other purpose whatsoever. The Agency shall not unreasonably withhold consent to redesignation of the parcels for development of the expansion of the Card Club, and no fee shall be charged for such redesignation except as may be necessary to cover any of the Agency's reasonable expenses (including attorneys fees) in effectuating such redesignation.

Appears in 2 contracts

Sources: Disposition and Development Agreement, Agreement of Purchase and Sale, and Lease With Option to Purchase (Hollywood Park Inc/New/), Disposition and Development Agreement (Pinnacle Entertainment Inc)