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which is a 52-story office tower with approximately 1,174,200
square feet of rentable space, and of the Parking Garage;
construction was completed in the second half of 1983.
c. The Atrium Project Agreement
Concurrently with the execution of the Ground Lease, the
Bank and the 1700 Partnership entered into an agreement dated
February 5, 1981, whereby the Bank, at its sole expense, would
construct a glass atrium (the Atrium) on the Broadway-Lincoln
block, enclosing the area between 2UBC and 3UBC (and east of
2UBC) (the Atrium Project Agreement). The Atrium Project
Agreement stated that the Atrium and the Skyway, see infra sec.
II.A.3.d., were being constructed “in order to accomplish the
appropriate integration of the New Project [1UBC] with the
Principal Bank Property [2UBC and 3UBC].” The Developer and the
1700 Partnership would not have made the commitment to build 1UBC
had the Bank not made a commitment to build the Atrium. In 1984,
at the request of the Bank, the architectural plans for the
Atrium were modified to reduce the scale of the Atrium and to
address certain safety concerns.
d. The Skyway Agreement, The 1981 Easement Agreement,
and The Space Lease
Concurrently with the execution of the Ground Lease and the
Atrium Project Agreement, the Bank and the 1700 Partnership
entered into an agreement dated February 5, 1981, whereby the
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