Edison School Playground Partnership Improvements Sample Clauses

Edison School Playground Partnership Improvements. Developer shall construct the improvements to the Edison School for the City’s “Playground Partnership” more particularly described on Exhibit “N,” and Design and Construction Provisions of Exhibit “P,” attached hereto. Developer shall be responsible for any demolition, site preparation and construction, including connecting the improvements to existing utilities or systems (e.g. electrical, telephone line and plumbing). Developer shall repair or replace any landscaping or improvements damaged by Developer in connection with the work. Without limiting the foregoing, Developer shall not be responsible for the repair or upgrade of existing systems, utilities, landscaping or other improvements not required for construction of the playground facilities and the office/restroom building. If the City requests such upgrade or repair, Developer may in its discretion perform such upgrade or repair at the City’s expense pursuant to a written change order. Prior to issuance of the building permits for the public benefits work, the City shall use its best efforts to provide Developer with any documents in its control or possession which reveal such conditions. Developer shall not be responsible for conditions which are not reasonably foreseeable based on an inspection of the work site, including subsurface conditions or conditions within enclosed walls, beneath floors or above ceilings, if the City has knowledge of these conditions and fails to disclose them prior to issuance of the building permits for this public benefit work. Except as provided in Sections 4.4 and 15.8 above, Developer shall commence construction of such improvements as set forth in Section 2.5.5 above, shall prosecute such construction with reasonable diligence and shall complete construction prior to issuance of a certificate of occupancy for the Project. Prior to submitting detailed construction plans and specifications (“Plans”) to the Santa Xxxxxx- Malibu Unified School District (SMUSD) for their approval and permitting process, the Developer shall submit Plans to the Planning Director for review and approval for compliance with this Development Agreement, which approval shall not be unreasonably withheld, conditioned or delayed. All Work will be performed in accordance with the approved plans. Developer shall pay the City an annual operating subsidy for the Stewart Park improvements of $35,600 per year for five (5) years. The first payment shall be due upon final completion of such improvement...
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