AG 1998 11 16 - Laserfiche WebLink

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connection with such completion of such Improvements (which may include, but not be limited to, terminating existing City contracts, paying termination fees, paying any premiums/over-time associated with accelerating the construction schedule to meet the scheduled completion dates for said Improvements). In the event that the Developer exercises such right as aforesaid, 'the City will reimburse the Developer for all costs and expenses incurred in connection with or related to the completion of the Improvements. The City will make such reimbursement within 15-days after delivery of an invoice from the Developer. The Developer and the City agree to use their best efforts to cooperate and assist in the construction of said Improvements including, but not limited to, obtaining (by the City)/granting (by the Developer) any easements (including temporary construction easements) as may be necessary or appropriate for the construction of the Improvements. In addition, upon request from the Developer, electric service for the Project shall be provided by the City at a capacity sufficient for the Project acceptable to the Developer. Pursuant to such, the Developer agrees that it shall purchase all electric power from the City. (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 fiv. eoyear period for the Grants shall begin with the first calendar [fiscal] quarter following the Developers' written notice to the City and the County; provided, however, that the period for the Developer 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 the date on which the Concord Marriott opens to the public the 300 rooms for Filename - S\PlanningXlncentive Grant Agreement.doc -6- Revised I I/9~g