Common use of Infrastructure Improvements Clause in Contracts

Infrastructure Improvements. RCP shall engage Bliss Sports II to be the construction manager and general contractor for the development and construction of the Infrastructure Improvements pursuant to a construction management agreement between RCP and Bliss Sports II which permits Bliss Sports II to engage various qualified parties to construct the Infrastructure Improvements (collectively, the “Infrastructure Improvements Construction Contract”). Bliss Sports II shall cause the Infrastructure Improvements to be developed and constructed in accordance with the Infrastructure Improvements Plans and the Infrastructure Improvements Construction Contract in a diligent manner and the Project Timeline. In no event shall RCP or Bliss Sports II have the right to reduce the design, scope, functionality or amenities of the Infrastructure Improvements or to amend or modify the Infrastructure Improvements Plans without the prior written approval of RCP, Bliss Sports II and the City. In no event shall the City have the right to increase the design, scope, functionality or amenities of the Infrastructure Improvements or to amend or modify the Infrastructure Improvements Plans without the prior written approval of the City, RCP and Bliss Sports II. The Parties agree that from and after the date that the City pays the Infrastructure Payment after the Infrastructure Improvement Completion Date the City shall be deemed a third-party beneficiary of all representations and warranties made to RCP by Bliss Sports II and its subcontractors and materialmen in the Infrastructure Improvements Construction Contract and subcontracts entered into by Bliss Sports II pursuant thereto as to the condition and performance after the Infrastructure Improvements Completion Date of the completed Infrastructure Improvements located on the Recreation Center Site and any other City easements or right-of-way, if any, but that otherwise the City is not a party to, or a third party beneficiary of, with any rights or obligations under, the Infrastructure Improvements Construction Contract or any subcontracts entered into pursuant thereto. The City acknowledges that except for any express warranties or representations made by RCP in this Agreement or in a document hereafter executed by RCP and delivered to the City, RCP is not now, and on the Infrastructure Improvements Completion Date will not be, making any express or implied representations as to the Infrastructure Improvements and the condition or continuing performance thereof.

Infrastructure Improvements. RCP Infrastructure improvements shall engage Bliss Sports II be completed to be replace aged sewer and water systems that in part serve the construction manager Oakwood Neighborhood, electric and general contractor for the development gas service, and cable, telecommunications, Internet, and other services, demolition and construction of roadway, sidewalks, street lighting, landscaping, and a traffic signal, as approved by the Infrastructure Improvements pursuant to a construction management agreement between RCP City, DDA and Bliss Sports II which permits Bliss Sports II to engage various qualified parties to construct the Infrastructure Improvements ELBRA, (collectively, the “Infrastructure Improvements Construction ContractImprovements”). Bliss Sports II shall cause the The Infrastructure Improvements will be constructed by the Developer for the City on portions of the Developer’s Property, portions of the City Property now known as Parking Lot 4, a portion of Evergreen Avenue right of way, a portion of Xxxxxx Avenue right of way, a portion of Abbot Road right of way, and a portion of the DDA Property as shown on the approved Site Plan. The portion of the DDA 000 Xxxxx Xxxx Property necessary for the realignment of Xxxxxx Avenue as shown on Exhibit D shall be transferred or otherwise dedicated by the DDA to be developed and constructed the City in accordance with the terms of this Agreement and a Land Transfer Agreement attached hereto as Exhibit F. The Developer, at its option, may lease from the DDA commercial space in the building at 000 Xxxxxxxxx Xxxxxx, if available at the time, for use as construction or leasing offices during construction of the Project at normal rental rates or as otherwise agreed upon by the Developer and the DDA. In the event the DDA obtains a request from another entity to rent the available commercial space, Developer shall first be offered the available commercial space at the rate agreed upon by the other entity. Upon notification, Developer shall have 10 business days within which to notify the DDA of its decision to rent the premises. Otherwise the DDA may rent the space to the other entity. The Infrastructure Improvements Plans shall be constructed and financed by the Infrastructure Improvements Construction Contract Developer in a diligent manner and the Project Timeline. In no event shall RCP or Bliss Sports II have the right to reduce the designaccordance with this Agreement, scopeExhibit D, functionality or amenities of the Infrastructure Improvements or to amend or modify the Infrastructure Improvements Plans without the prior written approval of RCP, Bliss Sports II and the City. In no event shall the City have the right to increase the design, scope, functionality or amenities of the Infrastructure Improvements or to amend or modify the Infrastructure Improvements Plans without the prior written approval of the City, RCP ’s ordinances and Bliss Sports IIengineering standards. The Parties agree that from and after the date that the City pays the Infrastructure Payment after the Infrastructure Improvement Completion Date the City financing shall be deemed a third-party beneficiary of all representations reimbursed as set forth in subsection 5 and warranties made to RCP by Bliss Sports II and its subcontractors and materialmen Section II, below. Except as specified in the Infrastructure Improvements Construction Contract approved Site Plan, streetscape improvements shall be designed and subcontracts entered into by Bliss Sports II pursuant thereto as to constructed in compliance with the condition and performance after the Infrastructure Improvements Completion Date of the completed Infrastructure Improvements located on the Recreation Center Site and any other City easements or right-of-way, if any, but that otherwise the City is not a party to, or a third party beneficiary of, with any rights or obligations under, the Infrastructure Improvements Construction Contract or any subcontracts entered into pursuant thereto. The City acknowledges that except for any express warranties or representations made by RCP in this Agreement or in a document hereafter executed by RCP and delivered to the City, RCP is not now, and on the Infrastructure Improvements Completion Date will not be, making any express or implied representations as to the Infrastructure Improvements and the condition or continuing performance thereofEast Lansing Urban Design Guidelines.

Infrastructure Improvements. RCP shall engage Bliss Sports II to be the construction manager and general contractor for the development and construction of the Infrastructure Improvements pursuant to a construction management agreement between RCP and Bliss Sports II which permits Bliss Sports II to engage various Kings Construction Co., Inc.various qualified parties to construct the Infrastructure Improvements (collectively, the “Infrastructure Improvements Construction Contract”). Bliss Sports II shall cause the Infrastructure Improvements to be developed and constructed in accordance with the Infrastructure Improvements Plans and the Infrastructure Improvements Construction Contract in a diligent manner manner. Subject to Section 4.02, in and the Project Timeline. In no event shall RCP or Bliss Sports II have the right to reduce the design, scope, functionality or amenities of the Infrastructure Improvements or to amend or modify the Infrastructure Improvements Plans without the prior written approval of RCP, Bliss Sports II and the City. In no event shall the City have the right to increase the design, scope, functionality or amenities of the Infrastructure Improvements or to amend or modify the Infrastructure Improvements Plans without the prior written approval of the City, RCP and Bliss Sports II. The Parties agree that from and after the date that the City pays the Infrastructure Payment after the Infrastructure Improvement Completion Date the City shall be deemed a third-party beneficiary of all representations and warranties made to RCP by Bliss Sports II and its subcontractors and materialmen in the Infrastructure Improvements Construction Contract and subcontracts entered into by Bliss Sports II pursuant thereto as to the condition and performance after the Infrastructure Improvements Completion Date of the completed Infrastructure Improvements located on the Recreation Center Site and any other City easements or right-of-way, if any, but that otherwise the City is not a party to, or a third party beneficiary of, with any rights or obligations under, the Infrastructure Improvements Construction Contract or any subcontracts entered into pursuant thereto. The City acknowledges that except for any express warranties or representations made by RCP in this Agreement or in a document hereafter executed by RCP and delivered to the City, RCP is not now, and on the Infrastructure Improvements Completion Date will not be, making any express or implied representations as to the Infrastructure Improvements and the condition or continuing performance thereof.

Infrastructure Improvements. RCP Infrastructure improvements shall engage Bliss Sports II be completed to be replace aged sewer and water systems that in part serve the construction manager Oakwood neighborhood, electric and general contractor for the development gas service, and cable, telecommunications, Internet, and other services, demolition and construction of roadway, on-street parking requirements, sidewalks, street lighting, landscaping, traffic signals and controls, and surface parking lots as approved by the Infrastructure Improvements pursuant to a construction management agreement between RCP City, DDA and Bliss Sports II which permits Bliss Sports II to engage various qualified parties to construct the Infrastructure Improvements ELBRA, (collectively, the “Infrastructure Improvements Construction ContractImprovements”). Bliss Sports II shall cause the The Infrastructure Improvements will be constructed by the Developer for the City on portions of the Developer’s Property, portions of the City Property now known as Parking Lot 4 and Parking Lot 8, a portion of Evergreen Avenue right of way, a portion of Xxxxxx Avenue right of way, a portion of Abbot Road right of way, a portion of the DDA 000 Xxxxx Xxxx property, and portions of the DDA Property at 314, 328, 334, and 000 Xxxxxxxxx Xxxxxx (the “DDA Evergreen Property”) as shown on the approved Site Plan. The portion of the DDA 303 Abbot Property necessary for the realignment of Xxxxxx Avenue as shown on Exhibit D shall be transferred or otherwise dedicated by the DDA to the City, and the surface parking lots constructed on the DDA Evergreen Property shall be developed transferred or leased by the DDA to the City and constructed operated by the City, in accordance with the Infrastructure Improvements Plans terms of this Agreement and a Land Transfer Agreement attached hereto as Exhibit F. The Developer may lease up to 75 parking spaces in the Infrastructure Improvements Construction Contract in a diligent manner and the Project Timeline. In no event shall RCP or Bliss Sports II have the right to reduce the design, scope, functionality or amenities surface parking lots constructed as part of the Infrastructure Improvements or any subsequent parking structure with parking at the then existing regular monthly market rate, which shall be used for customers or occupants of Building A. Developer shall notify the City by August 15th of each year as to amend whether the Developer intends to exercise this option. If the Developer fails to notify the City that it intends to exercise this option, the City is free to lease these spaces in accordance with this agreement. The City will manage the surface parking in such manner as the City determines to be in its best interest. If after the time specified in this agreement, the DDA Evergreen Property is developed into something other than a surface lot or modify parking structure with parking, the Developer may lease up to 75 parking spaces in the nearest parking lot in which the City has spaces available under these same terms and conditions. The Developer, as its option, may lease from the DDA available commercial space in the building at 000 Xxxxxxxxx Xxxxxx for use as construction or leasing offices during construction of the Project at normal rental rates or as otherwise agreed upon by the Developer and the DDA. In the event the DDA obtains a request from another entity to rent the available commercial space, Developer shall first be offered the available commercial space at the rate agreed upon by the other entity. Upon notification, Developer shall have 10 business days within which to notify the DDA of its decision to rent the premises. Otherwise the DDA may rent the space to the other entity. The Infrastructure Improvements shall be constructed by the Developer and financed by the Developer and the City in accordance with this Agreement, Exhibit D, and the City’s ordinances and engineering standards, and reimbursed as set forth in subsection 4, below. Except as specified in the approved Site Plan, streetscape improvements shall be designed and constructed in compliance with the East Lansing Urban Design Guidelines. The development costs for the Infrastructure Improvements Plans without the prior written approval of RCP, Bliss Sports II and the City. In no event shall the City have the right are estimated to increase the design, scope, functionality or amenities of the Infrastructure Improvements or to amend or modify the Infrastructure Improvements Plans without the prior written approval of the City, RCP and Bliss Sports II. The Parties agree that from and after the date that the City pays the Infrastructure Payment after the Infrastructure Improvement Completion Date the City shall be deemed a third-party beneficiary of all representations and warranties made to RCP by Bliss Sports II and its subcontractors and materialmen in the Infrastructure Improvements Construction Contract and subcontracts entered into by Bliss Sports II pursuant thereto as to the condition and performance after the Infrastructure Improvements Completion Date of the completed Infrastructure Improvements located on the Recreation Center Site and any other City easements or right-of-way, if any, but that otherwise the City is not a party to, or a third party beneficiary of, with any rights or obligations under, the Infrastructure Improvements Construction Contract or any subcontracts entered into pursuant thereto. The City acknowledges that except for any express warranties or representations made by RCP in this Agreement or in a document hereafter executed by RCP and delivered to the City, RCP is not now, and on the Infrastructure Improvements Completion Date will not be, making any express or implied representations as to the Infrastructure Improvements and the condition or continuing performance thereofSix Million Four Hundred Fourteen Thousand One Hundred Fourteen Dollars ($6,414,114).