Common use of Construction Period and Cost Estimates Clause in Contracts

Construction Period and Cost Estimates. The Parties agree that the City's construction of the Public Improvements cannot be determined until completed engineering plans are delivered to City. Xxxxxxxxx agrees to provide complete signed and sealed engineering drawings to City within 60 days after the execution of this Agreement. City shall then have 10 business days to review the completed engineering drawings and respond to the Developer with any questions, suggestions, and/or changes. Once all the questions, suggestions, and/or changes have been fully addressed and agreed upon by the Parties (“Final Plans”), a time- line as to the completion of this Agreement (“Construction Period”), along with an estimate of the construction costs for the Public Improvements (“Estimated Costs”), shall be set by a written amendment to this Agreement signed by the Parties (“Amendment”). If this written Amendment to this Agreement defining the Construction Period and containing the Estimated Costs is not entered into by the Parties within 180 days after the execution of the Agreement, this Agreement shall terminate without liability on any Party. Any Estimated Costs provided by City to Developer shall not be binding on the Parties. The actual costs incurred by City in Paragraph 3 shall be the amount Developer will reimburse to City under this Agreement. Nothing contained herein shall be construed to restrict the City's right to construct the Public Improvements at any time prior to the expiration of the Construction Period or continue constructing the Public Improvements after the Construction Period so long as the City is making substantial and continuing progress toward completion of the Public Improvements. Further, the Construction Period shall be extended as necessary to accommodate delayed progress of the Public Improvements due to changes in work, any act or omissions of Developer or its employees, agents, or representatives that are contrary to this Agreement or any other cause that is not reasonably foreseen or beyond the control of City, its subcontractors, or suppliers including, but not limited to acts of God, acts of a government authority, natural or manmade disaster, delay in the transportation or shortages of materials or equipment, abnormal weather conditions or labor disputes.

Appears in 2 contracts

Samples: Developer Agreement, Developer Agreement

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Construction Period and Cost Estimates. The Parties agree that the City's ’s construction of the Public Improvements cannot be reasonably determined until completed engineering plans are delivered to City. Xxxxxxxxx agrees to provide complete signed and sealed engineering drawings to City within 60 sixty (60) days after the execution of this Agreement. City shall then have 10 ten (10) business days to review the completed engineering drawings and respond to the Developer with any questions, suggestions, and/or changes. Once all the questions, suggestions, and/or changes have been fully addressed and agreed upon by the Parties (“Final Plans”), a time- line timeline as to the completion of this Agreement (“Construction Period”), along with an estimate of the construction costs for the Public Improvements (“Estimated Costs”), shall be set by a written amendment to this Agreement signed by the Parties (“Amendment”). If this written the Amendment to this Agreement defining the Construction Period and containing the Estimated Costs is not entered into by the Parties within 180 days after the execution of the Agreement, this Agreement shall terminate without liability on any Party. Any Estimated Costs provided by City to Developer shall not be binding on the Parties. The actual costs incurred by City City, as contemplated in Paragraph paragraph 3 below, shall be the amount Developer will is required to reimburse to City under this Agreement. Nothing contained herein shall be construed to restrict the City's ’s right to construct the Public Improvements at any time prior to the expiration of the Construction Period or to continue constructing the Public Improvements after the Construction Period Period, so long as the City is making substantial and continuing progress toward completion of the Public Improvements. Further, the Construction Period shall be extended as necessary to accommodate delayed progress of the Public Improvements due to changes in work, any act or omissions of Developer or its employees, agents, or representatives that are contrary to this Agreement or any other cause that is not reasonably foreseen or beyond the control of City, its subcontractors, or suppliers including, but not limited to acts of God, acts of a government authority, natural or manmade disaster, delay in the transportation or shortages of materials or equipment, abnormal weather conditions or labor disputes.

Appears in 1 contract

Samples: Developer Agreement

Construction Period and Cost Estimates. The Parties agree that the City's construction of the Public Improvements cannot be determined until completed engineering plans are delivered to City. Xxxxxxxxx Xxxxx agrees to provide complete signed and sealed engineering drawings to City within 60 30 days after the execution of this Agreement. City shall then have 10 business days to review the completed engineering drawings and respond to the Developer Xxxxx with any questions, suggestions, and/or changes. Once all the questions, suggestions, suggestions and/or changes have been fully addressed and agreed upon by the Parties (“Final Plans”), a time- time-line as to the completion of this Agreement (“Construction Period”), along with an estimate of the construction costs for the Public Improvements (“Estimated Costs”), shall be set by a written amendment to this Agreement signed by the Parties (( “Amendment”). If this written Amendment to this Agreement defining the Construction Period and containing the Estimated Costs is not entered into by the Parties within 180 days after the execution of the Agreement, this Agreement shall terminate without liability on any Party. Any Estimated Costs provided by City to Developer Xxxxxx and Xxxxx shall not be binding on the Parties. The actual costs incurred by City in Paragraph 3 shall be the amount Developer Xxxxxx and Xxxxx will reimburse to City under this Agreement. Nothing contained herein shall be construed to restrict the City's right to construct the Public Improvements at any time prior to the expiration of the Construction Period or continue constructing the Public Improvements after the Construction Period so long as the City is making substantial and continuing progress toward completion of the Public Improvements. Further, the Construction Period shall be extended as necessary to accommodate delayed progress of the Public Improvements due to changes in work, any act or omissions of Developer Xxxxxx or Xxxxx or its employees, agents, or representatives that are contrary to this Agreement or any other cause that is not reasonably foreseen or beyond the control of City, its subcontractors, or suppliers including, but not limited to acts of God, acts of a another government authority, natural or manmade disaster, delay in the transportation or shortages of materials or equipment, abnormal weather conditions or labor disputes.

Appears in 1 contract

Samples: Developer Agreement

Construction Period and Cost Estimates. The Parties agree that the i. City's ’s construction of the Public Improvements cannot shall be determined until completed by no later than December 31, 2024, unless otherwise modified by written amendment to this Agreement executed by the Parties. City’s completion of the Public Improvements by the date set forth herein is expressly contingent upon Developer’s timely delivery to the City of all engineering and other infrastructure plans are delivered required for City to Cityperform its obligations under this Agreement. ii. Xxxxxxxxx agrees to provide complete signed and sealed engineering drawings to City within 60 Developer shall have sixty (60) days after the execution of this AgreementAgreement to deliver engineering plans and other applicable infrastructure plans, signed and sealed, to the City. City shall then have 10 ten (10) business days to review the completed engineering drawings and respond to the Developer with any questions, suggestions, and/or changes. iii. Once all the questions, suggestions, and/or changes have been fully addressed and agreed upon by the Parties (“Final Plans”), a time- line as to the completion of this Agreement (“Construction Period”), along with an estimate of the construction costs for the Public Improvements (“Estimated Costs”), shall ) will be set provided by a written amendment City to this Agreement signed by the Parties (“Amendment”). If this written Amendment to this Agreement defining the Construction Period and containing the Estimated Costs is not entered into by the Parties within 180 days after the execution of the Agreement, this Agreement shall terminate without liability on any PartyDeveloper. iv. Any Estimated Costs provided by City to Developer shall not be binding on the Parties. The actual costs incurred by City City, as more fully addressed in Paragraph paragraph 3 below, shall be the amount Developer will is required to reimburse to City under this Agreement. . v. Nothing contained herein in this paragraph or this Agreement shall be construed to restrict the City's ’s right to construct the Public Improvements at any time prior to the expiration of the Construction Period or to continue constructing the Public Improvements after the Construction Period Period, so long as the City is making substantial and continuing progress toward completion of the Public Improvements. Further, the Construction Period shall be extended as necessary to accommodate delayed progress of the Public Improvements due to changes in work, any act or omissions of Developer or its employees, agents, or representatives that are contrary to this Agreement or any other cause that is not reasonably foreseen or beyond the control of City, its subcontractors, or suppliers including, but not limited to acts of God, acts of a government authority, natural or manmade disaster, delay in the transportation or shortages of materials or equipment, abnormal weather conditions or labor disputes.

Appears in 1 contract

Samples: Developer Agreement

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Construction Period and Cost Estimates. The Parties agree that the City's ’s construction of the Public Improvements cannot be determined until completed engineering plans are delivered to City. Xxxxxxxxx agrees to provide complete signed and sealed engineering drawings to City within 60 days after the execution of this Agreement. City shall then have 10 business days to review the completed engineering drawings and respond to the Developer with any questions, suggestions, and/or changes. Once all the questions, suggestions, and/or changes have been fully addressed and agreed upon by the Parties (“Final Plans”), a time- line timeline as to the completion of this Agreement (“Construction Period”), along with an estimate of the construction costs for the Public Improvements (“Estimated Costs”), shall be set by a written amendment to this Agreement signed by the Parties (“Amendment”). If this written Amendment to this Agreement defining the Construction Period and containing the Estimated Costs is not entered into by the Parties within 180 days after the execution of the Agreement, this Agreement shall terminate without liability on any Party. Any Estimated Costs provided by City to Developer shall not be binding on the Parties. The actual costs incurred by City in Paragraph 3 shall be the amount Developer will reimburse to City under this Agreement. Nothing contained herein shall be construed to restrict the City's ’s right to construct the Public Improvements at any time prior to the expiration of the Construction Period or continue constructing the Public Improvements after the Construction Period so long as the City is making substantial and continuing progress toward completion of the Public Improvements. Further, the Construction Period shall Shall be extended as necessary to accommodate delayed progress of the Public Improvements due to changes in work, any act or omissions of Developer or its employees, agents, or representatives that are contrary to this Agreement or any other cause that is not reasonably foreseen or beyond the control of City, its subcontractors, or suppliers including, but not limited to acts of God, acts of a government authority, natural or manmade disaster, delay in the transportation or shortages of materials or equipment, abnormal weather conditions or labor disputes.

Appears in 1 contract

Samples: Developer Agreement

Construction Period and Cost Estimates. The Parties agree that the City's construction of the Public Improvements cannot be determined until completed engineering plans are delivered to City. Xxxxxxxxx Developer agrees to provide complete signed and sealed engineering drawings to City within 60 30 days after the execution of this Agreement. City shall then have 10 business days to review the completed engineering drawings and respond to the Developer with any questions, suggestions, and/or changes. Once all the questions, suggestions, suggestions and/or changes have been fully addressed and agreed upon by the Parties (“Final Plans”), a time- line as to the completion of this Agreement (“Construction Period”), along with an estimate of the construction costs for the Public Improvements (“Estimated Costs”), shall be set by a written amendment to this Agreement signed by the Parties (“Amendment”). If this written Amendment to this Agreement defining the Construction Period and containing the Estimated Costs is not entered into by the Parties within 180 days after the execution of the Agreement, this Agreement shall terminate without liability on any Party. Any Estimated Costs provided by City to Developer shall not be binding on the Parties. The actual costs incurred by City in Paragraph 3 shall be the amount Developer will reimburse to City under this Agreement. Nothing contained herein shall be construed to restrict the City's right to construct the Public Improvements at any time prior to the expiration of the Construction Period or continue constructing the Public Improvements after the Construction Period so long as the City is making substantial and continuing progress toward completion of the Public Improvements. Further, the Construction Period shall be extended as necessary to accommodate delayed progress of the Public Improvements due to changes in work, any act or omissions of Developer or its employees, agents, or representatives that are contrary to this Agreement or any other cause that is not reasonably foreseen or beyond the control of City, its subcontractors, or suppliers including, but not limited to acts of God, acts of a government authority, natural or manmade disaster, delay in the transportation or shortages of materials or equipment, abnormal weather conditions or labor disputes.

Appears in 1 contract

Samples: Developer Agreement

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