City’s Obligations. A. Following the execution of this Agreement, the CITY shall begin efforts to implement the activities described in Article I of this Agreement. The failure by the CITY to develop and implement the activities described in Article I of this Agreement shall constitute a breach of this Agreement. The CITY understands and agrees that, in the event termination of this Agreement by CITY, or pursuant to Article V of this Agreement, the CITY shall reimburse the IDC the full amount of money paid by the IDC to the CITY.
B. In accordance with Chapter 2264 of the Texas Government Code, the CITY agrees not to knowingly employ an undocumented worker. During the term of this Agreement, the CITY shall notify the IDC of any complaint brought against CITY alleging that it has employed undocumented workers. If the CITY, or any branch, division or department of the CITY is convicted of a violation under 8 U.S.C. Section 1324a (f), the total amount of economic development grants it has received, together with interest at the rate of five percent (5%), shall be repaid by the CITY to the IDC not later than the one hundred twentieth (120th) day after the date the IDC becomes aware of and notifies the CITY of the violation. The CITY shall not be liable for a violation of Chapter 2264 by a subsidiary, affiliate, or franchisee, or by any person with whom the CITY contracts. The CITY shall reimburse the IDC the required amount within thirty (30) days of the termination of this Agreement. The CITY further certifies that CITY is following Texas Government Code Chapter 2252 (foreign terrorist organizations prohibited), Texas Government Code Chapter 2270 (boycott-Israel), and Texas Government Code Chapter 2274, (boycotts-energy company; discrimination – firearms entity or trade association).
C. The CITY shall keep and maintain complete and accurate records relating to its hiring and employment of persons, which is separate and identifiable from its other records, and shall make such records available for not less than three (3) years following termination of this Agreement. The IDC and its representatives shall be entitled to inspect said records during the term of this Agreement and for three (3) years thereafter, upon reasonable notice to the CITY. The CITY’s failure to comply with this provision will constitute a breach of the Agreement.
City’s Obligations. As part of Consultant’s services under this Agreement, City will provide furnished items, services, or obligations as detailed in Exhibit “D”.
City’s Obligations. The City will disclose those parts of records the Contractor has marked as “proprietary” information only to authorized persons unless:
City’s Obligations. A. City’s Program for the Artwork. Artist acknowledges and agrees that City has provided the Artist full information regarding City’s requirements for the Project, including Exhibit B – Basic Services herein, which set forth City’s objectives, constraints and criteria. Artist acknowledges that other known or unknown conditions may exist, for which City shall have no liability.
City’s Obligations. 7.1 The City shall monitor the progress and quality of the Work, from time to time, during the course of the Work and at any time at the request of the Owner.
7.2 Based on the City observations and evaluations of the Contractor's Applications for Payment, the City will review and certify the substantial completion of the work and the amounts due the Contractor and will issue Certificates for Payment in such amounts upon successful review of the Application for Payment.
7.3 The City will interpret and decide matters concerning performance under and requirements of the Contract Documents on written request of the Contractor or in situations where the City deems applicable. The City will make initial decisions on all claims, disputes or other matters in question between the Owner and Contractor, but will not be liable for results of any interpretations or decisions rendered in good faith. The Owner Representative's decisions in matters relating to aesthetic effect will be final.
7.4 The City has authority to reject Work which does not conform to the Contract Documents. If the Contractor fails to correct rejected Work or persistently fails to carry out the Work in accordance with the Contract Documents, the City, by a written order, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated.
7.5 The City will review, approve, or take other appropriate action upon the Contractor's submittals such as shop drawings, product data, and samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.
City’s Obligations. A. A police officer employed by CITY shall provide following services to FCRTA at a minimum of one day per week (Monday – Saturday), as selected by CITY:
1. A uniformed officer shall Board the stopped vehicle at any designated bus stop
2. Make visual observations while inside vehicle
3. Greet driver of vehicle
4. Assist passengers or driver with any questions
5. Provide bus shelter safety and security
B. CITY shall complete and submit the FCRTA Police Officer Observation Report attached hereto as Exhibit A and incorporated herein by reference.
C. CITY will make available to FCRTA all documents, studies, or other information in its possession that is not protected by the attorney-client privilege related to the services provided by CITY under this Agreement.
City’s Obligations. Subject to Section 7, City, Building Corp. or RDC, as applicable, shall: (a) execute and perform (or cause the applicable City Bodies thereto to execute and perform) the Ancillary Agreements; (b) subject to approval of the Plat, make available Loan Proceeds for Phase 1 within thirty (30) days after Closing pursuant to the Loan Agreement and make available Loan Proceeds for Phase 2 within forty-five (45) days after issuance of the Office Building’s building permit pursuant to the Loan Agreement for the purposes set forth in this Agreement; (c) determine the Loan Costs within thirty (30) days of the Effective Date; (d) review and issue the City’s development and permit applications necessary to develop the Project Site and construct the Project, including, whenever possible, coordinating with the Developer to lower project costs by issuing interim, partial, and/or conditional approvals to allow project critical activities to occur while reserving final approval of less critical activities (e.g., review and approval of the ILP and foundation release permits to allow overall site work and foundation installation for the buildings to be expedited and reserving for later review streetscape improvements and other improvements to be constructed later in the construction phasing) to the extent allowed by the Laws; and (e) notify Developer on or before August 1, 2019, of the terms of the Initial Loan Payment.
City’s Obligations. Subject to the terms and conditions of this Agreement, the applicable City Body shall: (a) in connection with Company, jointly submit the Construction Phase Plat for final approval and recordation at or prior to Closing; (b) execute and perform (or cause the applicable City Bodies to execute and perform) the Ancillary Agreements; (c) at Closing, issue the TIF Bonds and, consistent with the Funding Agreement, make available the TIF Bond Proceeds for Approved Costs together with Closing Costs (thereafter, disbursement of Bond Proceeds shall not be made more frequently than monthly); (d) within thirty (30) days of the Closing Date, (i) issue the Additional Bond, and (ii) consistent with the Funding Agreement, make available the Additional Bond Proceeds for Approved Costs (disbursement of Additional Bond Proceeds shall not be made more frequently than monthly); (e) convey the City Parcel to the Company pursuant to the City Deed at Closing; (f) prior to Closing, create the Allocation Area and pledge the Pledged Increment to repayment of the TIF Bonds; (g) [intentionally omitted]; (h) provide all stormwater improvements necessary to allow the Project to connect into a stormwater system at one or more points in the right-of-way immediately adjacent to the Project Site so that no stormwater detention or stormwater quality infrastructure is required to be constructed on the Project Site; (i) provide reasonable assistance to Company in connection with any zoning changes or variances determined to be necessary or appropriate by Company for the construction and use of the Project in accordance with the Final Documents (subject to Permitted Changes and Change Orders); provided, however, City Bodies shall not be obligated to incur any expenses in connection with such assistance; and (j) exercise commercially reasonable efforts to cause the review and timely issuance of the City’s development and permit applications necessary to develop and construct the Project on the Project Site, including, whenever reasonably possible, coordinating with Company to lower the Project’s costs by supporting the issuance of interim, partial, and/or conditional approvals to allow project critical activities to occur while reserving final approval of less critical activities, to the extent allowed by the Laws; provided, however, City Bodies shall not be obligated to incur expenses related to such assistance.
City’s Obligations. 1. The responsibility of the City to provide water and/or sewage disposal service under this Agreement shall be limited to:
1.1 The property presently owned by Developer as described in Exhibit "A" to this Agreement; and
1.2 The ERCs provided for in Section B of this Agreement.
City’s Obligations. In order to facilitate the work of the CONSULTANT as above outlined, the CITY shall furnish to the CONSULTANT access to all relevant maps, aerial photographs, reports and site information which is in the City's possession concerning the project area. In addition, the CITY shall act as liaison for the CONSULTANT, assisting the CONSULTANT with making contacts and facilitating meetings, as necessary.
