City Performance. In the event that the City or the DDA fails to comply with or perform any of the warranties, representations, covenants, or agreements of the City or DDA, respectively, contained herein, such a failure shall constitute a default by the City or the DDA under this Agreement, and upon the failure of the City or the DDA to cure any default within forty five (45) days after written notice of the same, the Developer, at its option and within its sole discretion may (i) terminate this Agreement, either immediately or prospectively; or (ii) proceed and bring an action for specific performance of the City’s or DDA’s obligations, including temporary and permanent injunctive relief.
City Performance. In the event of any breach of this Agreement by Tenant, City may (but shall have no obligation to), after first giving Tenant five (5) days’ written notice, cure any breach in the payment of money or performance of any act required under this Agreement, but without obligation of City to make such payment or perform such act and without waiving any right of City or relieving Tenant from any obligation under this Agreement. If in so doing, City is required or elects to pay any money or do any act which will require the payment of any money or the incurrence of any cost or expense, Tenant covenants and agrees to reimburse City the sum or sums of money so paid or incurred by City together with interest at the rate of one and one half percent (1 ½ %) plus costs and damages, as part of the Concession Fee or other fees and charges, within ten (10) days of the first day of the calendar month following City’s incurrence or payment of same. The failure to timely pay the same shall constitute an Event of Default.”
SECTION 4. Revised Exhibit D, “TENANT’S PREMISES,” is replaced with Second Revised Exhibit D, attached and incorporated into this Third Amendment. SECTION 5. Exhibit E, “FOOTPRINT OF AIRPORT LAND UPON WHICH CRCF IS CONSTRUCTED,” is replaced with Revised Exhibit E, attached and incorporated into this Third Amendment.
City Performance. As the implementing agency, the City shall be responsible for managing scope, cost, schedule, and quality of the work activities and products of the Project’s construction phase. The construction phase includes construction contract administration, surveying/staking, inspecting, quality assurance, and assuring regulatory compliance. Due to the nature of the Project, the construction phase will also include system integration activities and development of incident response timing plans. Prior to the advertisement of activities related to the construction phase, the City shall provide document(s) that describe its procurement policies and its proposed bid documents to the C/CAG Program Director for review and approval. The City will manage the procurement process, and will advertise, open bids, award, negotiate, and approve the construction contract in accordance with the California Public Contract Code and the California Labor Code. If the negotiated price, or the lowest responsible construction contract bid, is greater than the funding commitment identified in Exhibit B, Funding Summary, the Parties must agree in writing on a course of action within ten (10) business days from the bid opening or conclusion of price negotiations. If the Parties cannot agree on a course of action within ten (10) business days, the City will not award the construction contract. The City shall ensure that contractors perform regular safety briefings and that contractors adhere to site and job specific OSHA safety requirements. Upon completion of the construction activities, the City shall perform inspection services in accordance with all applicable regulations. Prior to final acceptance, the City and/or the City’s contractor shall demonstrate to C/CAG that C/CAG and Caltrans have the ability to observe CCTV inputs, operate and modify trailblazer sign messages, and monitor and control traffic signal operations. The City shall provide and maintain accurate field data on a red-lined set of Project Plans, which are to be kept current and submitted to C/CAG as complete at the conclusion of the construction. These record Plans will be used as documentation for the preparation of “as- built” Plans. The City shall provide C/CAG a set of the “as-built” plans within a month from notice of completion.
City Performance a. The CITY will pay the BUREAU an amount of the hotel/motel tax actually collected by the Iowa Department of Revenue from within the city limits of Marshalltown, Iowa according to the schedule as outlined below, and received by the CITY. Period Formula June 1, 2006 – May 31, 2007 75% of revenue generated June 1, 2007 – May 31, 2008 74% of revenue generated June 1, 2008 – May 31, 2009 73% of revenue generated June 1, 2009 – May 31, 2010 72% of revenue generated June 1, 2010 – May 31, 2011 71% of revenue generated June 1, 2011 – May 31, 2012 71% of revenue generated up to $219,000 with revenues above this amount split 65% to the BUREAU and 35% to the CITY this amount split 65% to the BUREAU and 35% to the CITY. June 1, 2015 – May 31, 2016 67% of revenue generated. June 1, 2016 – June 30, 2017 July 1, 2017 – June 30, 2018 67% of revenue generated. 67% of revenue generated. 67% of revenue generated.
b. Such sum shall be payable to the BUREAU upon receipt of quarterly payments to the CITY consistent with tax receipts received by the CITY. Should the work of the BUREAU justify additional funds, these could be provided by action of the CITY.
c. The BUREAU shall not permit expenditures to exceed revenues in any year unless the CITY is notified of the intent and the purpose and has been provided proof of existing fund balance. The BUREAU shall not borrow money or issue bonds without written permission of the CITY.
City Performance. 2.1. City shall supply its personnel with all necessary, authorized equipment needed to provide communications that are compatible with emergency center operations. City shall be responsible for maintaining its equipment.
City Performance. City shall have, either prior to or concurrently with Owner’s performance of its material obligations hereunder, duly performed each and every material obligation to be performed by it hereunder, and (ii) City’s representations and warranties set forth in Paragraphs 10.1, 10.2 and 10.3 below shall be true and correct on the date hereof and as of the Close of Escrow.
City Performance. The City shall engage in negotiations with Intermountain for the purchase of conduits that overlap with the Smart Corridor Project within the City limit as described in Exhibit A. As the lead agency for the project construction, the City shall review and verify Intermountain’s conduit design plans and pull box locations to confirm that the proposed deployment aligns with the Smart Corridor routes depicted in Exhibit A. C/CAG is available to assist the City with its determination that the proposed deployment aligns with the Smart Corridor Routes in Exhibit A. The City shall inspect the conduits once the trenching and/or boring process has been completed to certify that the conduits comply with the standards and specifications set in the 2022 Caltrans standard plans and specifications, the technical information presented in Exhibit B and the project specifications presented in Exhibit C. In the event that there is any conflicting information between Exhibits B and C, the most conservative requirement shall be adhered to. Upon completion of the conduit installation and satisfactory inspection results, the City will then allow Intermountain to proceed with the fiber installation. The City shall notify C/CAG of any deviations in the conduit alignment due to changes required in the field in a timely manner. The City shall be responsible for negotiating and coordinating with Intermountain for the installation of 288 strands of backbone fiber in these conduits along the routes in Exhibit A. Upon completion of the fiber installation, the City and C/CAG will each own and retain 144 strands. The City shall certify that the fiber optic cable complies with the standards and specifications set in the 2022 Caltrans standard plans and specifications, the technical information presented in Exhibit B, and the project specifications presented in Exhibit C. Intermountain shall provide testing results per the requirements outlined in the 2022 Caltrans standard specifications to the City . In addition to the 2022 Caltrans standard plans and specifications, technical specifications and requirements regarding the fiber conduit and installation are referenced in Exhibit B and Exhibit C. The City agrees to follow all applicable laws and statutory regulations.
City Performance. The City agrees as follows: Beginning June, 2011, and continuing through May, 2015, the City will contribute one-half of funds collected under the authority of Proposition 1, as they are received by the City, to the County for the following purposes: Maintain and continue normal operations of Memorial Field; Reopen programming and maintain the Port Xxxxxxxx Recreation Center; and Help fund/match grants to make capital improvements to these facilities.
a. Specifically, funds for Memorial Field shall be used to restore and maintain normal facility maintenance and operations, and event services including such expenditures as: Labor; Services; Equipment & supplies; and Utilities
b. Specifically, funds for the Recreation Center shall be used to restore and maintain normal facility maintenance and restore no-charge drop-in recreation program for children and families before (7am to 9am) and after (2pm to 7pm) school and Saturdays (8am to 5pm), for a total of 44 hours per week, including such expenditures as: Labor; Equipment & supplies; Grounds and facility maintenance; and Utilities
c. The balance would be used for capital improvements or grant match for capital improvements.
d. The City shall work with the County to identify and prioritize capital improvements, and pursue grants.
City Performance. In the event that the City or the DDA fails to comply with or perform any of the warranties, representations, covenants, or agreements of the City or DDA,
City Performance. The City shall engage in negotiations with Intermountain for the co- location of City conduits along portions of the Project’s Smart Corridor as described in Exhibit A. As the lead agency for the project design and construction, the City shall review and verify Intermountain’s conduit design plans to confirm that the proposed deployment aligns with the Smart Corridor routes depicted in Exhibit A. C/CAG is available to assist City with its determination that the proposed deployment aligns with the Smart Corridor Routes in Exhibit A, but such determination shall be made by the City. The City shall be responsible for negotiating and coordinating with Intermountain for the co-location of conduits and the deployment of such conduits along the routes in Exhibit A. The City shall allocate such conduits for the Project’s use serving the Smart Corridor routes depicted in Exhibit A. Further, the City shall inspect the conduits once the trenching and/or boring process has been completed to certify that the conduits are up to the appropriate specifications and standards required for the Smart Corridor project. The City shall notify C/CAG of any deviations in the conduit alignment due to changes required in the field in a timely manner. The City agrees to follow all applicable laws and statutory regulations.
