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executed in accordance with all applicable laws separately and subsequent to this <br />Agreement. When executed, said Supplemental Incentive Grant Agreement shall <br />constitute part of the "Business Agreement" referred to in the MOU along with this <br />Agreement. <br />SECTION 2: MOIl. <br /> <br /> Upon execution of this Agreement (which is the "Business Agreement" referred <br />to in the MOU), the terms of the MOU are incorporated herein as if fully set forth in 'the <br />text of this Agreement. Accordingly, the rights, duties and obligations described in the <br />MOU are binding upon the respective parties without further documentation but subject <br />to the folI0wing clarifications contemplated by the terms of the MOU: <br /> <br /> (a) Access Road. It is currently contemplated by the Developer that the <br />"Access Road" will be constructed by the Developer as part of the Project in accordance <br />with the specifications for rights-of-way and construction of the City of Concord. At any <br />time during the term of this Agreement, the Developer may elect to dedicate the Access <br />Road to the City in which event the City agrees to accept the Access Road as a public <br />road and for public maintenance. From and after the date of such dedication, the City <br />will be responsible for all maintenance of the Access Road. If the Access Road remains a <br />private road-way, the Developer will grant to the City a permanent non-exclusive access <br />easement for ingress and egress in accordance with the MOU. <br /> <br /> (b) City Obligations. The MOU provides that this Agreement shall show in <br />reasonable detail the exact nature, timing and method of performance of the <br />"Obligations". <br /> <br />Filename - S\PlanningXlncentive Grant Agreement.doc <br /> <br />-4- <br /> <br />Revised 11/9/98 <br /> <br /> <br />