AG 1999 05 17 - Laserfiche WebLink

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dete,,lfined by the agencies that, due to not separating the relocation of Kings Grant from the Project, an Individual Wet]ands Permit is necessary, the City will seek additional funding to assist Mills in the mitigation of such. As the relocation of Kings Grant is critical to creating the requisite parcel of land which will accommodate the Project, TIME IS OF THE ESSENCE in proceeding with these permit applications. The City agrees to provide Mills with copies of all documentation relating to such permits/applications. In the event that the City. fails to peffo~ its obligations with respect the wetlands issue, Mills shall have the fight, but is not obligated, to perform the City's obligations (and the City agrees to, upon request from the Mills, contribute those lands contemplated for the wetlands mitigation) with respect thereto after having given the City written notice and at least 15- days to cure the City's failure to perform. If Mills exercises such right to complete the City's obligations as aforesaid, the City shall use its best efforts to cooperate and assist Mills in connection with such wetlands issues (which may include but not be limited to paying for related fees or studies). In the event that Mills exercises such right as aforesaid, the City will reimburse Mills for all costs and expenses incurred in connection with or related to the completion of the City's obligations related to the wetlands issues. The City will make such reimbursement within 15-days after deliver'3,' of an invoice fi.om Mills. (c) Commencement Date. The MOU provides that this Agreement will set forth a mutually acceptable "Commencement Date". The parties agree that the "Commencement Date" for the five-year period for the Grants shall begin with the first calendar [fiscal] quarter following Mills' written notice to the City and the County; provided, however, that the period for Mills to make such an election shall expire (or shall be deemed delivered as provided in the following sentence) twelve (12) months after the "Grand Opening" of the Project to the public ("Grand Opening" shall mean 8