Construction of Site Improvements. MUSC will construct the Site Improvements according to the Site Plan set forth in Exhibit “C” and in accordance with the Common Vision. MUSC will pay for the Site and for all Site Improvements except for the costs of sidewalks, bikeways, landscaping and lighting at standard grade, payment for which is the responsibility of the City pursuant to the Development Agreement, §4.3(b)(ii). The City’s costs for these improvements shall not exceed the amount set forth in the budget for City Funded Public Infrastructure allocated to Park Site Improvements. MUSC shall pay for any desired upgrades to the Site Improvements. Commencement of construction of Site Improvements shall occur no later than May 1, 2018 and construction must be complete no later than September 30, 2019.
Construction of Site Improvements. SMR will construct the Park and Site Improvements according to the Site Plan. SMR will pay for all Park and Site Improvements. Subject to any delay caused by a force majeure event, commencement of construction of Park and Site Improvements shall occur no later than May 1, 2024 and construction must be complete no later than December 31, 2024, provided that the completion date shall be December 31, 2025 if SMR is not able to perform the earthwork for the Park Improvements before the ground freezes at the beginning of the 2023- 2024 winter. Subject to timely approval of the Site Plan and the Plat and receipt of the necessary permits from the City, SMR desires to commence contruction of the Park in the fall of 2023 and complete the construction by the end of May, 2024. Force majeure events are events, occurrences or circumstances beyond SMR’s reasonable control, including but not limited to weather, work stoppages and vendor delays.
