Laserfiche WebLink
(1) Construction of Public Improvements. The City has agreed to <br />provide pursuant to the terms of the MOU certain Public Infrastructure Improvements <br />("Improvements"). The City's obligation to construct the Improvements shall become <br />effective upon execution of this Agreement. The City agrees to promptly commence and <br />use its best efforts to diligently Complete construction of the Improvements. The City <br />shall endeavor in good faith and use its best efforts to cooperate and coordinate the <br />construction of the Improvementg with the Developers' construction schedule for the <br />Project. The City agrees to supply the Developer with copies of all contracts to be <br />entered into by the City with respect to the Improvements, as well as all change orders <br />and requests therefore pursuant to such contracts prior to their approval by the City, all of <br />which shall be subject to the Developer approval, which approval shall not be <br />unreasonably withheld, conditioned or delayed. Upon the reasonable request of the <br />Developer and subject to applicable legal requirements, the City agrees to modify such <br />contracts to address any substantive comments or concerns raised by the Developer with <br />respect to such documents. In the event that any Improvements required to be made by <br />the City under this Agreement have not been completed on or before the respective <br />completion date (or given the then current status of the construction of said <br />Improvements it appears unlikely in the reasonable discretion of the Developer that said <br />completion date(s) can be achieved) the Developer shall have the right, but is not <br />obligated, to complete any or all of such Improvements remaining to be completed after <br />having given the City written notice and at least 15-days to cure the City's failure to <br />perform. If the Developer exercises such right to complete the City's Obligations as <br />aforesaid, the City shall use its best efforts to cooperate and assist the Developer in <br /> <br />Filename - $\Plannlng~Incentive Grant Agreemem.doe <br /> <br />-5- <br /> <br />Revised 11/9D8 <br /> <br /> <br />