Common use of Construction of Private Improvements Clause in Contracts

Construction of Private Improvements. The Redeveloper, through a minimum investment of Twenty-Two Million, Two Hundred and Fifteen Thousand, and Forty- Eight and 86/100 Dollars ($22,215,048.86), shall at its own cost and expense construct the Minimum Private Improvements substantially in conformance with the Design Documents. Redeveloper agrees to use commercially reasonable efforts to substantially complete construction of the Private Improvements as provided for in Paragraph 10 below and to pay in a timely manner Redeveloper’s contractor, or his or her subcontractors who performed labor or applied materials performed or used in the prosecution of the Private Improvements as provided for in Paragraph 5 below. Promptly after completion of the Private Improvements in accordance with all the provisions of this Agreement relating to the obligations of Redeveloper to construct the Private Improvements and promptly after the Redeveloper provides the City the proper documentation that Redeveloper’s contractor, or his or her subcontractors who performed labor or applied materials performed or used in the prosecution of the Private Improvements have been properly paid, the City shall upon request by the Redeveloper furnish a Certificate of Completion, the form of which is shown on Exhibit "E”, which is attached hereto and incorporated herein by this reference. Such certification by the City shall be a conclusive determination of satisfaction of the agreements and covenants in this Agreement with respect to the obligations of Redeveloper to construct the Private Improvements. The Certificate of Completion shall be recorded by the City in the office of the Register of Deeds for Lancaster County, Nebraska. If the City shall refuse or fail to provide the certification in accordance with the provisions of this paragraph after being requested to do so by Redeveloper, the City shall, within fifteen (15) days after written request by Redeveloper, provide Redeveloper with a written statement indicating in what respect Redeveloper has failed to complete the Private Improvements subject to each such certification in accordance with the provisions of this Agreement and what measures or acts will be necessary, in the opinion of the City, for Redeveloper to take or perform in order to obtain such certification. As used herein, the term "completion" shall mean substantial completion of the Private Improvements so that they may be reasonably used for their intended purposes.

Construction of Private Improvements. The RedeveloperBlock 85, through a combined minimum investment of Five Million Three Hundred Thousand Dollars ($5,300,000) for the Color Court Building and Peanut Butter Factory Building and Booth Fishery, through a minimum investment of Twenty-Two Million, One Million Two Hundred and Fifteen Thousand, and Forty- Eight and 86/100 Thousand Dollars ($22,215,048.86)1,200,000) for the Booth Fishery Building, shall at its their own cost and expense construct the Minimum their own Private Improvements substantially in conformance with the their respective Design Documents. Each Redeveloper agrees to use commercially reasonable efforts to substantially complete construction of the its Private Improvements Improvements, as provided for in Paragraph 10 below and to pay in a timely manner Redeveloper’s contractorall persons, firms, or his or her subcontractors organizations who performed labor or applied materials performed furnished materials, equipment, or supplies used in the prosecution of the its Private Improvements as provided for in Paragraph 5 below. Promptly after completion of the its Private Improvements and promptly after Redeveloper provides the City the proper documentation that all persons, firms, or organizations who performed labor or furnished materials, equipment or supplies used in the prosecution of its Private Improvements have been properly paid in accordance with all the provisions of this Agreement relating to the obligations of Redeveloper to construct the Private Improvements and promptly after the Redeveloper provides the City the proper documentation that Redeveloper’s contractor, or his or her subcontractors who performed labor or applied materials performed or used in the prosecution of the Private Improvements have been properly paidAmended Agreement, the City shall upon request by the Redeveloper furnish a Certificate of Completion, the form of which is shown on Exhibit "EE-1" and Exhibit “E-2”, which is are attached hereto and incorporated herein by this reference. Such certification by the City shall be a conclusive determination of satisfaction of the agreements and covenants in this Amended Agreement with respect to the obligations of Redeveloper to construct the their respective Private Improvements. The Certificate of Completion shall be recorded by the City in the office of the Register of Deeds for Lancaster County, Nebraska. If the City shall refuse or fail to provide the certification in accordance with the provisions of this paragraph after being requested to do so by Redeveloper, the City shall, within fifteen (15) days after written request by Redeveloper, provide Redeveloper said party with a written statement indicating in what respect Redeveloper has failed to complete the its Private Improvements subject to each such certification in accordance with the provisions of this Amended Agreement and what measures or acts will be necessary, in the opinion of the City, for Redeveloper to take or perform in order to obtain such certification. As used herein, the term "completion" shall mean substantial completion by Redeveloper of the its Private Improvements so that they may be reasonably used for their intended purposes.

Construction of Private Improvements. The Redeveloper, through a minimum investment of Twenty-Two Twenty One Million, Two Ninety-Eight Thousand, Eight Hundred and Fifteen Thousand, and Forty- Eight and 86/100 No/100 Dollars ($22,215,048.8621,098,808), shall at its own cost and expense construct the Minimum Private Improvements substantially in conformance with the Design Documents. Redeveloper agrees to use commercially reasonable efforts to substantially complete construction of the Private Improvements as provided for in Paragraph 10 below and to pay in a timely manner Redeveloper’s contractor, or his or her subcontractors who performed labor or applied materials performed or used in the prosecution of the Private Improvements as provided for in Paragraph 5 below. Promptly after completion of the Private Improvements in accordance with all the provisions of this Agreement relating to the obligations of Redeveloper to construct the Private Improvements and promptly after the Redeveloper provides the City the proper documentation that Redeveloper’s contractor, or his or her subcontractors who performed labor or applied materials performed or used in the prosecution of the Private Improvements have been properly paid, the City shall upon request by the Redeveloper furnish a Certificate of Completion, the form of which is shown on Exhibit "E”, which is attached hereto and incorporated herein by this reference. Such certification by the City shall be a conclusive determination of satisfaction of the agreements and covenants in this Agreement with respect to the obligations of Redeveloper to construct the Private Improvements. The Certificate of Completion shall be recorded by the City in the office of the Register of Deeds for Lancaster County, Nebraska. If the City shall refuse or fail to provide the certification in accordance with the provisions of this paragraph after being requested to do so by Redeveloper, the City shall, within fifteen (15) days after written request by Redeveloper, provide Redeveloper with a written statement indicating in what respect Redeveloper has failed to complete the Private Improvements subject to each such certification in accordance with the provisions of this Agreement and what measures or acts will be necessary, in the opinion of the City, for Redeveloper to take or perform in order to obtain such certification. As used herein, the term "completion" shall mean substantial completion of the Private Improvements so that they may be reasonably used for their intended purposes.

Construction of Private Improvements. The Redeveloper, through a minimum investment of Twenty-Two Million, Two Hundred and Fifteen Thousand, and Forty- Eight and 86/100 Twelve Million Dollars ($22,215,048.8612,000,000), shall at its own cost and expense expenses, as Redeveloper, construct the Minimum Private Improvements substantially in conformance with the Design Documents. Redeveloper agrees to use commercially reasonable efforts to substantially complete construction of the Private Improvements Improvements, as provided for in Paragraph 10 9 below and to pay in a timely manner Redeveloper’s contractor, or his or her its subcontractors who performed labor or applied materials performed or used in the prosecution of the Private Improvements as provided for in Paragraph 5 below. Promptly after completion of the Private Improvements in accordance with all the provisions of this Agreement relating to the obligations of Redeveloper to construct the Private Improvements and promptly after the Redeveloper provides the City Authority the proper documentation that Redeveloper’s contractor, or his or her subcontractors who performed labor or applied materials performed or used in the prosecution of the Private Improvements have been properly paidpaid in accordance with all the provisions of this Contract, the City shall Authority shall, upon request by the Redeveloper Redeveloper, furnish a Certificate of Completion, the form of Super Market Developers, Inc which is shown on Exhibit "E“D”, which is attached hereto and incorporated herein by this reference. Such certification by the City Authority shall be a conclusive determination of satisfaction of the agreements Contracts and covenants in this Agreement Contract with respect to the obligations of Redeveloper to construct the its Private Improvements. The Certificate of Completion shall be recorded by the City Authority in the office of the Register of Deeds for Lancaster Hall County, Nebraska. If the City Authority shall refuse or fail to provide the certification in accordance with the provisions of this paragraph after being requested to do so by Redeveloper, the City Authority shall, within fifteen (15) days after written request by Redeveloper, provide Redeveloper with a written statement indicating in what respect Redeveloper has failed to complete the its Private Improvements subject to each such certification in accordance with the provisions of this Agreement Contract and what measures or acts will be necessary, in the opinion of the CityAuthority, for Redeveloper to take or perform in order to obtain such certification. As used herein, the term "completion" shall mean substantial completion of the Private Improvements so that they may be reasonably used for their intended purposes.

Construction of Private Improvements. The Redeveloper, through a minimum investment of Twenty-Two Million, Two Eight Million One Hundred and Fifteen Thousand, Eight Thousand Six Hundred and Forty- Eight and 86/100 Thirty Dollars ($22,215,048.868,108,630) and Airspace, through a minimum investment of One Million Dollars ($1,000,000), shall at its their own cost and expense construct the Minimum Private Improvements substantially in conformance with the Design Documents. Redeveloper agrees and Airspace agree to use commercially reasonable efforts to substantially complete construction of the Private Redeveloper Improvements and Airspace Improvements, respectively, as provided for in Paragraph 10 below and to pay in a timely manner Redeveloper’s and Airspace’s contractor, or his or her subcontractors who performed labor or applied materials performed or used in the prosecution of the Private Improvements as provided for in Paragraph 5 below. Promptly after completion of the Private Improvements in accordance with all the provisions of this Agreement relating to the obligations of Redeveloper to construct the their respective Private Improvements and promptly after the Redeveloper or Airspace provides the City the proper documentation that Redeveloper’s or Airspace’s contractor, or his or her subcontractors who performed labor or applied materials performed or used in the prosecution of the Private Improvements have been properly paidpaid in accordance with all the provisions of this Agreement, the City shall upon request by the Redeveloper and Airspace furnish a Certificate of Completion, the form of which is shown on Exhibit "E”E1", Exhibit “E-2” and Exhibit “E-3” which is are attached hereto and incorporated herein by this reference. Such certification by the City shall be a conclusive determination of satisfaction of the agreements and covenants in this Agreement with respect to the obligations of Redeveloper and Airspace to construct the their Private Improvements. The Certificate of Completion shall be recorded by the City in the office of the Register of Deeds for Lancaster County, Nebraska. If the City shall refuse or fail to provide the certification in accordance with the provisions of this paragraph after being requested to do so by RedeveloperRedeveloper or Airspace, the City shall, within fifteen (15) days after written request by RedeveloperRedeveloper or Airspace, provide Redeveloper or Airspace with a written statement indicating in what respect Redeveloper or Airspace has failed to complete the their respective Private Improvements subject to each such certification in accordance with the provisions of this Agreement and what measures or acts will be necessary, in the opinion of the City, for Redeveloper or Airspace to take or perform in order to obtain such certification. As used herein, the term "completion" shall mean substantial completion of the Private Improvements so that they may be reasonably used for their intended purposes.