Common use of Pilot Project Clause in Contracts

Pilot Project. Pending all necessary approvals, the CCA project is expected to be in operation by November 2024, at the latest. While CCA is in planning, also pending all necessary approvals, CCAG will deliver a pilot project (the “Pilot”) on the Property in the form of a temporary regulation-size refrigerated ice rink, to be operational by November 2022, at the latest, and operate through the winter of 2022/2023. At the end of the season, the temporary rink will be removed, and the land will be restored accordingly, in anticipation of CCA. Just like CCA, the Pilot will require land use approval from local, state, and federal agencies having jurisdiction over the Pilot. Like with CCA, prior to construction of the Pilot, CCAG must receive a separate Notice to Proceed following a majority vote of the Council. An acceptable statement of financial capability must be provided to the Town Manager, in accordance with the site plan review submission requirements in Section 19-4-4.C.2.q of the Cape Xxxxxxxxx Zoning Ordinance, prior to the Council issuing a Notice to Proceed. Like with CCA, all approvals and construction related expenses for the Pilot will be the responsibility of CCAG. A third party will manage operation and maintenance of the Pilot, which will be arranged and funded by CCAG. At the Town's full discretion, the Town may make contributions to the operation and maintenance of the Pilot e.g., snow removal, utilities, etc. Benefits of the Pilot are as follows: • Much is expected to be learned by CCAG and the Town from such a walk-before-you-run project; namely, operation/programming for an ice rink and site dynamics on the Property. • CCAG and the Town will have additional time to plan CCA (e.g., design, permitting, operating model, revenue plan, third-party involvement, etc.), all of which would be done concurrently with planning, installation, and operation of the Pilot.

Pilot Project. Pending all necessary approvals, the CCA project is expected to be in operation by November 2024, at the latest. While CCA is in planning, also pending all necessary approvals, CCAG will deliver a pilot project Pilot Project (the “Pilot”) on the Property in the form of a temporary regulation-size 150’x 85’ refrigerated ice rink, to be operational by November early December 2022, at the latest, and operate through the winter of 2022/20232022/2023 (“Year 1”). At the end of the seasonskating season (slated for March 2023), the temporary rink will be removed, and the land will be restored accordingly. The Pilot was granted site plan approval by Cape Elizabeth’s Planning Board on August 12, 2022 (select images from the approved site plan can be found in anticipation of CCA. Just like CCA, the Pilot will require land use approval from local, state, and federal agencies having jurisdiction over the PilotAppendix C). Like with CCA, prior to construction of the Pilot, CCAG must receive a separate Notice to Proceed NTP following a majority vote of the Council, which this MOU will memorialize if fully executed. An It is the intention of both the Town and CCAG to run the Pilot for a second year during the winter of 2023/2024 (“Year 2”). Year 2 will entail a 200’x85’ refrigerated ice rink, and the site will be prepped to accommodate both project lengths beginning October 1st 2022. For Year 1, an acceptable statement of financial capability must be was provided to the Town ManagerManager on July 19, 2022, in accordance with the site plan review submission requirements in Section 19-4-4.C.2.q 19‐ 4‐4.C.2.q of the Cape Xxxxxxxxx Zoning Ordinance, prior to the Council issuing a Notice to Proceed. .. Like with CCA, all approvals and construction and removal related expenses for the Pilot will be the responsibility of CCAG. A An insured third party party(s) will manage operation and maintenance of the Pilot, which will be arranged and funded by CCAG and its funding partner. Pilot electrical expense for Year 1 will also be paid for by CCAG. At the Town's full discretion, the Town may make contributions to the operation and maintenance of the Pilot e.g., snow removalremoval from inside the rink and its perimeter. However, utilitiesthe Town does agree to remove snow from the Gull Crest parking lot and provide the Pilot with water during Year 1. The Town also agrees to include the Pilot under its existing insurance policy. CCAG shall maintain adequate insurance coverage for any work conducted on the Property during the Pilot and to cover any gap in the Town’s insurance policy during Pilot operation. There will be no revenue plan for Year 1 of the Pilot, etcyet it is CCAG’s intention for such a plan to be executed in Year 2. CCAG and its funding partner will establish the Pilot’s daily and weekly skating schedule and coordinate this schedule with the Town and all key users of the project. Benefits of the Pilot are as follows: • Much is expected to be learned by CCAG and the Town from such a walk-before-you-run walk‐before‐you‐run project; namely, operation/programming , programming, and revenue generation for an ice rink and site dynamics on the Property. • CCAG and the Town will have additional time to plan CCA (e.g., design, permitting, operating model, revenue plan, third-party third‐party involvement, etc.), all of which would will be done concurrently with planning, installation, and operation of Year 1 and/or Year 2 of the Pilot.

Pilot Project. Pending all necessary approvals, the CCA project is expected to be in operation by November 202420234, at the latest. While CCA is in planning, also pending all necessary approvals, CCAG will deliver a pilot project (the “Pilot”) on the Property in the form of a temporary regulation-size refrigerated ice rink, to be operational by November 2022, at the latest, and operate through the winter of 2022/2023. At the end of the season, the temporary rink will be removed, and the land will be restored accordingly, in anticipation of CCA. Just like CCA, the Pilot will require land use approval from local, state, and federal agencies having jurisdiction over the Pilot. Like with CCA, prior to construction of the Pilot, CCAG must receive a separate Notice to Proceed following a majority vote of the Council. An acceptable statement of financial capability must be provided to the Town Manager, in accordance with the site plan review submission requirements in Section 19-4-4.C.2.q of the Cape Xxxxxxxxx Zoning Ordinance, prior to the Council issuing a Notice to Proceed. Like with CCA, all approvals and construction related expenses for the Pilot will be the responsibility of CCAG. A third party will manage operation and maintenance of the Pilot, which will be arranged and funded by CCAG. At the Town's full discretion, the Town may make contributions to the operation and maintenance of the Pilot e.g., snow removal, utilities, etc. Benefits of the Pilot are as follows: • Much is expected to be learned by CCAG and the Town from such a walk-before-you-run project; ;, namely, operation/programming for an ice rink and site dynamics on the Property. • CCAG and the Town will have additional time to plan CCA (e.g., design, permitting, operating model, revenue plan, third-party involvement, etc.), all of which would be done concurrently with planning, installation, and operation of the Pilot.

Pilot Project. Pending all necessary approvals, the CCA project is expected to be in operation by November 202420234, at the latest. While CCA is in planning, also pending all necessary approvals, CCAG will deliver a pilot project Ppilot Pproject (the “Pilot”) on the Property in the form of a temporary 150’x 85’ regulation-size refrigerated ice rink, to be operational by November early December 2022, at the latest, and operate through the winter of 2022/20232022/2023 (“Year 1”). At the end of the seasonskating season (slated for March 2023), the temporary rink will be removed, and the land will be restored accordingly., in anticipation of CCA. Just like CCA, the The Pilot will require land use approval from local, state, and federal agencies having jurisdiction over the PilotPilot.was granted site plan approval by Cape Elizabeth’s Planning Board on August 12, 2022 (select images from the approved site plan can be found in Appendix C). Like with CCA, prior to construction of the Pilot, CCAG must receive a separate Notice to Proceed NTP following a majority vote of the Council; which this MOU will memorialize if fully executed. An It is the intention of both the Town and CCAG to run the Pilot for a second year during the winter of 2023/2024 (“Year 2”). Year 2 will entail a 200’x85’ refrigerated ice rink, and the site will be prepped to accommodate both project lengths beginning October 1st 2022. For Year 1, Aan acceptable statement of financial capability must be provided to the was provided to the Town ManagerManager on July 19, 2022, in accordance with the site plan review submission requirements in Section 19-4-4.C.2.q of the Cape Xxxxxxxxx Zoning Ordinance., prior to the Council issuing a Notice to Proceed. Like with CCA, all approvals and construction and removal related expenses for the Pilot will be the responsibility of CCAG. A An insured third party party(s) will manage operation and maintenance of the Pilot, which will be arranged and funded by CCAG and its funding partner. Electrical expense for Year 1 will also be paid for by CCAG. At the Town's full discretion, the Town may make contributions to the operation and maintenance of the Pilot e.g., snow removalremoval from inside the rink and its perimeter, utilities, etc.. However, the Town does agree to remove snow from the Gull Crest parking lot and provide the Pilot with water during Year 1. The Town also agrees to include the Pilot under its existing insurance policy. CCAG shall maintain adequate insurance coverage for any work conducted on the Property during the Pilot and to cover any gap in the Town’s insurance policy during Pilot operation. There will be no revenue plan for Year 1 of the Pilot, yet it is CCAG’s intention for such a plan to be executed in Year 2. CCAG and its funding partner will establish the Pilot’s daily and weekly skating schedule and coordinate this schedule with the Town and all key users of the project. Benefits of the Pilot are as follows: • Much is expected to be learned by CCAG and the Town from such a walk-before-you-run project; ;, namely, operation/programming , /programming, and revenue generation for an ice rink and site dynamics on the Property. • CCAG and the Town will have additional time to plan CCA (e.g., design, permitting, operating model, revenue plan, third-party involvement, etc.), all of which would will be done concurrently with planning, installation, and operation of Year 1 and/or Year 2 of the the Pilot.