Developer Post-Closing Obligations: Construction of Private Street Sample Clauses

Developer Post-Closing Obligations: Construction of Private Street. Developer shall construct a private street serving the H block parcels, including the H5 and H6 Properties. The City shall give notice to the Developer not later than six (6) months prior to the City’s anticipated date of receiving a temporary certificate of occupancy (“TCO”) for the first lot (H5 Property or H6 Property) to be completed (the “TCO Notice”) so that vacating the private street area, in two phases, can commence. The Developer will construct the private street in two phases - the east-west portion and the north-south portion. Within a commercially reasonable time of providing the TCO Notice to Developer, the City shall vacate all construction equipment from the first phase in order to allow Developer to construct that portion of the street, including associated sidewalk and streetscape. During this period, Developer may use the alternate portion of the street for ongoing construction access. On completion of the first phase of the street, the Developer will give notice to the City that the first portion of the street is available for construction access, and the second portion is to be vacated within a commercially reasonable time after the date of Developer’s notice. On completion of the second phase, the Developer will give notice to the City that both portions are complete and available for access and use. Details on this work will be included as an exhibit to each of the H5 and H6 Transfer Agreements.
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