County Commitments. 1. The COUNTY shall prepare, or cause to be prepared, a final version of the PLANS and contract letting documents for the IMPROVEMENT in accordance with COUNTY policies and standards. The DISTRICT shall have the opportunity to review and approve the PLANS prior to the letting of the IMPROVEMENT, the approvals of which shall not be unreasonably withheld by the DISTRICT.
2. The COUNTY agrees to incorporate the SEWER MODIFICATIONS into the PLANS at no cost to the DISTRICT.
3. The COUNTY shall prepare, or cause to be prepared, all necessary documents for any rights-of-ways or easements, either permanent or temporary, that may be necessary to construct the IMPROVEMENT, inclusive of plats, deeds and legal descriptions that may be necessary to acquire those rights-of-ways or easements, either permanent or temporary.
4. The COUNTY shall cause the IMPROVEMENT to be constructed and to perform, or cause to be performed, the construction engineering supervision for the IMPROVEMENT in accordance with COUNTY procedures and requirements.
5. The COUNTY shall pay for all project costs including design engineering, surveying, land acquisition, construction, and construction engineering supervision for the IMPROVEMENT subject to reimbursement from the DISTRICT as described in EXHIBIT B to THIS AGREEMENT, which is attached hereto and is hereby made a part hereof.
6. The COUNTY shall cause the IMPROVEMENT to be constructed in a way to ensure uninterrupted operation of DISTRICT facilities during construction activities and shall coordinate with the DISTRICT regarding maintenance and operation of DISTRICT facilities.
7. The COUNTY shall be responsible for construction and construction engineering supervision costs associated with the SEWER MODIFICATIONS within the DISTRICT’s easements as described in EXHIBIT B to THIS AGREEMENT at no cost to the DISTRICT.
8. The Illinois Department of Transportation will let and award the IMPROVEMENT. The anticipated letting date for the IMPROVEMENT is November 17, 2023. (The letting date is subject to change, dependent upon project readiness and the availability of project funding.)
9. The COUNTY shall require the successful bidder to name the DISTRICT and its subsidiaries and Engineer by endorsement as an additional insured on any liability coverage required pursuant to such contracts.
10. The COUNTY shall, for itself and for those authorized by or through the COUNTY, including without limitation an authorized COUNTY contractor, and to the ful...
County Commitments. County hereby agrees to the following:
a. The County agrees to give good faith consideration to impact fee and other fee waivers if WCC demonstrates the need therefor.
b. The County agrees to work diligently with WCC, at the expense of WCC, to support WCC as it applies for LIHTCs from NCHFA, issues tax-exempt bonds and obtains other financing and further agrees to support WCC’s applications for real estate exemptions if legally available.
c. The County agrees to provide to WCC or its designee a grant of funds in the total amount of Nine Million Dollars ($9,000,000) (the “County Funds”). The County Funds may be utilized by one or more WCC affiliated Development owners. The County Funds will be utilized for development costs, including construction costs, architectural fees, civil engineering fees, environmental and other similar fees, as well as site acquisition and financing costs. WCC or its designee may contribute, loan, or transfer the funds noted above in part or in total to various Development owners. Prior to closing, up to $1 million may be disbursed pursuant to a draw schedule agreed upon by the parties, provided that an equal amount of predevelopment costs must be funded by WCC. Subject to Section 2.d below, the balance of County funds shall be disbursed on a draw schedule agree upon by the parties basis pari pasu with the loan from WCC’s construction lender or lenders. The County may withdraw its commitment to provide the County Funds by written notice to WCC if WCC has breached this agreement, failed to meet any of the time deadlines contained in this agreement, has not closed on its financing on the Nags Head Site within 12 months from the date of execution of this agreement (unless delayed as a result of delays in the receipt of volume cap), or not commenced construction of the first site by December 31, 2023, although it is understood and expected that construction will commence sooner. Attached hereto as Exhibit A is a form of Commitment Letter with further terms regarding the County’s disbursement of funds.
d. The County acknowledges that Purchase Agreement, dated as of January 7, 2022 and modified as of March 23, 2022 by and between Sundazed, LP and Sanderling Commons Limited Partnership in the amount of $3,750,000, as modified by an amendment, dated June 6, 2022, reducing the purchase price to $3,700,000 (the “Purchase Agreement”). Upon closing of WCC’s financing for the project, the County agrees either to (i) purchase the Nags Head Site...
County Commitments. The County will participate in the pre-development of the Project pursuant to the provisions hereof, and as more fully detailed below:
2.1. Enter into a Hotel Land Lease Agreement upon such terms and conditions as are mutually acceptable to the Parties, but as provided for generally in the RFP and in this Agreement. The County shall retain ownership of the Project Site upon which the Project is constructed. SunCore’s interest shall be as a lessee. The Parties agree that the lease term will be sufficient to ensure amortization of all construction and investment costs;
2.2. Obtain such permissions as may be necessary from the FAA in order to lease the property to Contractor. If formal written authorization from the FAA is not received by February 28, 2021, County or Contractor may terminate this Agreement with no further obligations, or may agree upon such new deadlines and amendments to this Agreement as are appropriate.
2.3. Perform other duties and functions in connection with the Project as agreed by the Parties.
2.4. Approval of this Development Agreement by the County does not bind or otherwise obligate the County to execute a ground lease agreement with SunCore unless all final terms and conditions of the ground lease are acceptable to the County. Such terms and conditions shall be subject to final negotiation between the parties.
County Commitments a. Review & Inspection. County shall review for approval all design plans for the CR 216 IMPROVEMENTS. County will provide a timely review, inspections, and inspection comments toward necessary work to achieve the County's approval of Developers roadway improvement work. Developers will provide a timely response to County's inspection comments and review.
County Commitments. COUNTY accepts and agrees to comply with all terms, provisions, conditions, and commitments of this Funding Agreement and all incorporated documents, including, without limitation, the Grant Agreement, and to fulfill all assurances, declarations, representations, and statements made by COUNTY or FCWCD in the application, documents, amendments, and communications filed in support of FCWCD’s request for California Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Act of 2006 financing for the Project.
County Commitments. 1. The COUNTY agrees to review all engineering studies and reports provided by the VILLAGE and either approve or provide comments to the VILLAGE for proposed changes within twenty-one (21) days. The COUNTY’s approval shall not be unreasonably withheld.
2. The COUNTY agrees to reimburse the VILLAGE ninety percent (90%) of the costs associated with the engineering of the IMPROVEMENTS, including any relevant work completed before execution of THIS AGREEMENT, within sixty (60) days of receiving notice by the VILLAGE. A preliminary estimate of project costs can be found in EXHIBIT B, which is attached hereto and is hereby made a part hereof.
3. The COUNTY will retain sole jurisdiction and maintenance obligations of the vehicular travel ways of Blivin Street from US 12 to Main Street, Xxxxxxxxxx Road from Main Street to IL 173, and Main Street from Blivin Street to the McHenry County Line.
4. The COUNTY shall, for itself and for those authorized by or through the COUNTY, and to the fullest extent permitted by law, hold harmless, indemnify and defend the VILLAGE, its trustees, elected and appointed officers, agents, attorneys, employees, contractors and successors and assigns from and against any and all losses, liabilities, expenses, claims, costs, causes, actions, litigation costs, attorneys’ fees, suits and damages relating to personal or bodily injuries, death or damages or injuries to property arising from, occurring, growing out of, incident to, relating to or otherwise resulting from any alleged negligent act or omission related to the preliminary planning study by the COUNTY, its employees and authorized agents, or any authorized COUNTY contractor, or any of their respective officers, agents, contractors, employee or representatives (collectively, CLAIMS), except to the extent any such CLAIMS arise from the negligent acts or willful or wanton misconduct of the VILLAGE.
County Commitments. (i) The County covenants and agrees to exercise commercially reasonable efforts to satisfy the Developer’s Conditions Precedent to be satisfied by the County.
(ii) The County shall cease police activity at the Wisconsin Property and vacate the Existing Station in accordance with Section 3(a)(i), time being strictly of the essence.
(iii) At the Settlement, the County shall convey the Wisconsin Property to Developer and acquire the Rugby Property from Developer in consideration for the County’s payment of the Deposit, Developer’s design and construction of the New Facilities and conveyance of the Rugby Property to the County.
(iv) During the term of this Agreement, the County shall not introduce or exacerbate, or allow or cause to be introduced or exacerbated, any Hazardous Materials in, on, about, over or under the Wisconsin Property.
(v) For so long as this Agreement shall be in effect, the County recognizes Developer as the exclusive developer of the New Facilities and the exclusive purchaser of the Wisconsin Property and shall not solicit proposals from, or negotiate or enter into agreements with, anyone other than Developer with respect to any development, redevelopment, improvement, alteration, construction, management, leasing, operation, maintenance, purchase or sale of any of the property that is the subject of this Agreement.
(vi) The County shall be solely responsible for the County’s legal fees and other costs associated with negotiating and drafting the agreements between the County and Developer (including but not limited to this Agreement).
County Commitments. Yolo County agrees to:
A. Receive and accept all funding and responsibility from the City of Woodland as it relates to the ATP Grant, SRTS Project.
B. Work collaboratively with CalTrans to ensure receipt of all ATP Grant, SRTS Project funding and responsibilities as needed in order for the project to be successful.
County Commitments. In consideration of the Company’s commitments set out in ARTICLE II, the County and/or the LCIDA, as applicable, commit to:
(a) Convey to the Company, at no cost, by warranty deed through the LCIDA, no later than September 30, 2007, good, marketable and indefeasible fee simple title to the Project Site, which shall be free of any exceptions or encumbrances other than the encumbrances and exceptions specifically listed and described on Exhibit B attached hereto (the “Permitted Encumbrances”), together with all necessary easements benefiting the Project Site, with sole and exclusive possession of the Project Site to be delivered no later than five (5) working days from the Effective Date, in accordance with Section 4.02 below; and
(b) Provide to the Company on or before the Effective Date, an ALTA Survey of the Project Site in form and substance satisfactory to the Company; and
(c) Provide to the Company on the date of conveyance a policy of title insurance to be issued by First American Title Insurance Company or Fidelity National Title Insurance Company, in a form and with endorsements satisfactory to the Company, insuring title to the Project Site in the amount of the acquisition cost of the Project Site (but not less than $7,800,000), which policy shall be endorsable up to the full value of the Project upon completion; and
(d) Timely exercise the power of eminent domain provided by the Enabling Legislation, if determined necessary by the Company, for (1) any portion of the surface estate of the Project Site to which good, marketable and indefeasible fee simple title cannot be conveyed to the Company, in the Company’s sole opinion, on or before September 30, 2007, and (2) the acquisition of severed mineral interests including existing mineral leases in order to avoid interference with or damage to the Project, or alternatively (i) to provide amendments to existing mineral leases acceptable to the Company which protect the surface of the Project Site from any mineral exploration activities through surface non-use agreements with all mineral lessees, and (ii) to provide the Company with ownership of all mineral interests subject only to bonus and royalty interest reservations; and
(e) Adopt and enforce in Lowndes County, within and without the Project Site as necessary, all necessary and reasonable rules and regulations and restrictions to carry out and effectuate the implementation of the Project concerning mining or any other activity the occurrence of wh...
County Commitments. 1. The COUNTY shall prepare, or cause to be prepared, a final version of the PLANS and contract letting documents for the IMPROVEMENTS in accordance with COUNTY policies and standards. The CITY shall have the opportunity to review and approve the final version of the PLANS prior to the letting of the IMPROVEMENTS, the approvals of which shall not be unreasonably withheld by the CITY.
2. The COUNTY shall prepare, or cause to be prepared, all necessary documents for any rights-of- ways or easements, either permanent or temporary, that may be necessary to construct the IMPROVEMENTS, inclusive of plats, deeds and legal descriptions that may be necessary to acquire those rights-of-ways or easements, either permanent or temporary.
3. The COUNTY shall cause the IMPROVEMENTS to be constructed and to perform, or cause to be performed, the construction engineering supervision for the IMPROVEMENTS in accordance with COUNTY procedures and requirements.
4. The COUNTY at its sole cost, shall remove the CITY’s EXISTING WATER MAIN that is in conflict with the IMPROVEMENTS at no cost to the CITY.
5. In accordance with the McHenry County Tree Planting and Replacement Policy, the COUNTY shall compensate the CITY for the replacement of twenty-eight (28) trees to be planted on property owned or under the control of the CITY. Planting and establishment of the twenty-eight
