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10 <br />Condominium" governing the adjacent 300 East Main Hotel/Retail condominium as <br />recorded in Book 5739, Page 1 in the Orange County Registry. <br />L The modification and amendment of the existing "Declaration of Condominium for 300 <br />East Main Parking Condominium" recorded in Book 5739, Page 75 in the Orange County <br />Registry to acknowledge the planned Parking Deck expansion, the expansion of the <br />Parking Deck parcel for that purpose, and that the County will become a unit owner in <br />the expanded deck upon completion of the expansion (all of which actions are currently <br />contemplated in the 300 East Main Parking Condominium Declaration but require <br />additional language to effect such actions in accordance with the terms of such <br />declaration). <br />J. The negotiation and completion of appropriate agreements whereunder the Parties' <br />lenders, if any, agree to subordinate to the requirement that the Property be subjected to <br />the condominium declaration upon completion of construction, and agree to subordinate <br />to all applicable cross - easements, rights of access, etc., as necessary, and as otherwise <br />may be necessary otherwise to protect each Party from a default of the other during the <br />construction of the building and associated Parking Deck expansion, which may require <br />obligations to complete certain portions of the work. <br />K. The negotiation and completion of an agreement to be included within or attached to the <br />condominium declaration to be developed between the Parties which articulates the <br />meaning of "library use" and permitted ancillary uses, and permits the use of the <br />County's condominium(s) and Main Street's condominium for other purposes consistent <br />with the Permits and the Brownfields Agreement and subject to reasonable use <br />restrictions meant to protect the legitimate interests of both the County and Main Street. <br />Nothing in any declaration or other agreement by the Parties shall prevent the use of the <br />Property in the future for governmental or non - governmental office uses without any <br />retail or service aspect that would be competitive with or adversely affect Main Street's <br />retail and service businesses on adjacent properties. <br />L. Confirmation that adequate utilities services are available within a reasonable distance <br />from the Property for connection and suitable for the proposed uses to be included within <br />the Building. <br />M. The County complying with all necessary requirements for contracting with North <br />Carolina local governments, including, but not limited to, compliance with all <br />requirements for the Project. <br />N. Both Main Street and County will retain design approval of all aspects of the exterior of <br />the Building to contain the Southern Branch Library and other improvements on the <br />Property, which approval is not to be unreasonably withheld provided the proposed <br />design elements are harmonious with the existing new buildings within 300 East Main. <br />This will include but not be limited to site plan, elevations, exterior design, construction <br />materials and colors visible from the outside. <br />O. All governmental and other third party consents and approvals shall be obtained; there <br />shall be no significant pending or threatened litigation materially adversely affecting the <br />Property. <br />P. Main Street understands and agrees that the provision of sufficient way - finding and other <br />signage is necessary for patrons to quickly and conveniently locate the Library which will <br />E <br />