AG 1999 12 20 - Laserfiche WebLink

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SECTION 2: MOU. Upon execution of this Agreement (which is the "Business Agreement" referred to in the MOU), the terms of the MOU are incorporated herein as if fully set forth in the text of this Agreement. Accordingly, the fights, duties and obligations described in the MOU are binding upon the respective parties without further documentation but subject to the following clarifications contemplated by the temps of the MOU: (a) Access Road. It is currently contemplated by the Developer that the "Access Road" will be constructed by the Developer as part of the Project in accordance with the specifications for fights-of-way and construction of the City of Concord. At any time during the term of this Agreement, the Developer may elect to dedicate the Access Road to the City in which event the City agrees to accept the Access Road as a public road .and for public maintenance. From and after the date of such dedication, the City will be responsible for all maintenance of the Access Road. If the Access Road remains a · pfivate road-way, the Developer will grant to the City a permanent non-exclusive access easement for ingress and egress in accordance with the MOU. City Obligations. The MOU provides that this Agreement shall show in (b) reasonable detail "Obligations". (1) the exact nature, timing and method of performance of the Construction of Public Improvements. The City has agreed to provide pursuant to the terms of the MOU certain Public Infrastructure Improvements ("Improvements"). The City's obligation to construct the Improvements shall become effective upon execution of this Agreement. The City agrees to promptly commence and use its best efforts to diligently complete construction of the Improvements. The City shall endeavor in good faith and use its best efforts to cooperate and coordinate the Filcname - Sh°larmingLlncentiv¢ Grant Agreement.doc -4- Revised 12/18/98