Common use of Adverse Environmental Conditions Clause in Contracts

Adverse Environmental Conditions. The Developer and the City acknowledge that they do not have actual knowledge of the location and extent of adverse environmental conditions on the City property and the DDA Property beyond the presence of asphalt and related paving materials and the Phase II Environmental Site Assessment report for 000 Xxxxx Xxxx, dated June 10, 2016, from Triterra, the Phase II Environmental Site Assessment Letter Report for the Proposed City Center II Development from PM Environmental, Inc., dated April 10, 2008, and the Phase II Environmental Site Letter Assessment Report for the Proposed City Center II Development, dated June 27, 2008, from PM Environmental, Inc. The estimated development cost for the Infrastructure Improvements in Amended Xxxxxxxxxx Plan #11 do not include the cost for remediation of any of the conditions disclosed in the three Phase II reports described above beyond the presence of asphalt and asphalt related paving materials and the soils associated with those conditions. The parties agree that the development cost for the Infrastructure Improvements shall include all expenses for management, removal, and remediation of any adverse environmental conditions on the City property and the DDA property. In the event the Developer encounters soils or substances that are or may be considered hazardous or contaminated on City or DDA property during the course of performing the Infrastructure Improvements work beyond the presence of asphalt and related paving materials and the soils associated with those conditions, the Developer shall notify the City and the DDA, and the parties shall mutually develop a plan of action and schedule for remedying the same and reimbursement of additional costs if they exceed the contingency amounts in Amended Xxxxxxxxxx Plan #11.

Adverse Environmental Conditions. The Developer and the City acknowledge that they do not have actual knowledge of the location and extent of adverse environmental conditions on the City property and the DDA Property property beyond the presence of asphalt and related paving materials and the Phase II Environmental Site Assessment report for 000 Xxxxx Xxxx, dated June 10, 2016, from Triterra, the Phase II Environmental Site Assessment Letter Report for the Proposed City Center II Development from PM Environmental, Inc., dated April 10, 2008, and the Phase II Environmental Site Letter Assessment Report for the Proposed City Center II Development, dated June 27, 2008, from PM Environmental, Inc. The estimated development cost for the Infrastructure Improvements in Amended Xxxxxxxxxx Plan #11 do 23 did not include the cost for remediation of any of the conditions disclosed in the three Phase II reports described above beyond the presence of asphalt and asphalt related paving materials and the soils associated with those conditions. The parties agree that the development cost for the Infrastructure Improvements shall include all expenses for management, removal, and remediation of any adverse environmental conditions on the City property and the DDA property. In the event the Developer encounters soils or substances that are or may be considered hazardous or contaminated on City or DDA property during the course of performing the Infrastructure Improvements work beyond the presence of asphalt and related paving materials and the soils associated with those conditions, the Developer shall notify the City and the DDA, and the parties shall mutually develop promptly agree upon a plan of action and schedule for remedying the same and reimbursement of additional costs if they exceed the contingency amounts in Amended Xxxxxxxxxx Plan #1123.

Adverse Environmental Conditions. The Developer and the City acknowledge that they do not have actual knowledge of the location and extent of adverse environmental conditions on the City property and the DDA Property beyond the presence of asphalt and related paving materials and the Phase II Environmental Site Assessment report for 000 Xxxxx Xxxx, dated June 10, 2016, from Triterra, the Phase II Environmental Site Assessment Letter Report for the Proposed City Center II Development from PM Environmental, Inc., dated April 10, 2008, and the Phase II Environmental Site Letter Assessment Report for the Proposed City Center II Development, dated June 27, 2008, from PM Environmental, Inc. The estimated development cost for the Infrastructure Improvements in Amended Xxxxxxxxxx Plan #11 do not include the cost for remediation of any of the conditions disclosed in the three Phase II reports described above beyond the presence of asphalt and asphalt related paving materials and the soils associated with those conditions. The parties agree that the development cost for the Infrastructure Improvements shall include all expenses for management, removal, and remediation of any adverse environmental conditions on the City property and the DDA property. In the event the Developer encounters soils or substances that are or may be considered hazardous or contaminated on City or DDA property during the course of performing the Infrastructure Improvements work beyond the presence of asphalt and related paving materials and the soils associated with those conditions, the Developer shall notify the City and the DDA, and the parties shall mutually develop promptly agree upon a plan of action and schedule for remedying the same and reimbursement of additional costs if they exceed the contingency amounts in Amended Xxxxxxxxxx Plan #11.

Adverse Environmental Conditions. The Developer and the City acknowledge that they do not have actual knowledge of the location and extent of adverse environmental conditions on the City property and the DDA Property beyond the presence of asphalt and related paving materials and the Phase II Environmental Site Assessment report for 000 Xxxxx Xxxx, dated June 10, 2016, from Triterra, the Phase II Environmental Site Assessment Letter Report for the Proposed City Center II Development from PM Environmental, Inc., dated April 10, 2008, and the Phase II Environmental Site Letter Assessment Report for the Proposed City Center II Development, dated June 27, 2008, from PM Environmental, Inc. The estimated development cost for the Infrastructure Improvements in Amended Xxxxxxxxxx Plan #11 do not include the cost for remediation of any of the conditions disclosed in the three Phase II reports described above beyond the presence of asphalt and asphalt related paving materials and the soils associated with those conditions. The parties agree that the development cost for the Infrastructure Improvements shall include all expenses for management, removal, and remediation of any adverse environmental conditions on the City property and the DDA property. In the event the Developer encounters soils or substances that are or may be considered hazardous or contaminated on City or DDA property during the course of performing the Infrastructure Improvements work beyond the presence of asphalt and related paving materials and the soils associated with those conditions, the Developer shall notify the City and the DDA, and the parties shall mutually promptly agree uponmutually develop a plan of action and schedule for remedying the same and reimbursement of additional costs if they exceed the contingency amounts in Amended Xxxxxxxxxx Plan #11.