Prior Services. Owner acknowledges that Developer has, prior to the date hereof, performed substantial development services relating to the Apartment Housing. Such services (the "Prior Services") have included the following.
Prior Services. Owner acknowledges that Developer has, prior to the date hereof, performed substantial development services relating to the Apartment Housing. Such services (the "Prior Services") have included the following.
(1) Services Rendered Prior to 10% Carryover.
(A) Developer has identified a Contractor and recommended to the Owner to enter into a construction contract with the Contractor for the building of the Apartment Housing.
(B) Developer has estimated the cost of construction; determined the construction period; prepared a monthly-estimated construction chart reflecting the construction services required each month; and prepared a preliminary Development Budget.
(C) Developer has reviewed the plans and specifications for compliance with design criteria and construction contracts.
(D) Developer has identified an architect and recommended to the Owner to execute an architectural contract for the planning and design of the Apartment Housing.
(E) Developer has placed its own capital at risk in anticipation of the Apartment Housing being constructed, leased and Tax Credits awarded.
Prior Services. Owner acknowledges that Developer has, prior to the date hereof, performed substantial development services relating to the Project. Such services (the "Prior Services") have included the following.
Prior Services. Owner acknowledges that Developer has, prior to the date hereof, performed substantial development services relating to the Project. Such services (the "Prior Services") have included the following.
(A) Developer has located, negotiated and closed on the purchase of the Real Property.
(B) Developer has made an application for Tax Credits to the Department.
(C) Developer has negotiated, conferred and worked with the Department to obtain a reservation of Tax Credits for the Owner on the Project.
(D) Developer has negotiated, conferred and worked with the Department to obtain an allocation of Tax Credits for the Owner on the Project.
(E) Developer has negotiated and conferred with the environmental engineer to provide a full environmental evaluation of the Real Property.
(F) Developer has negotiated and conferred with a market analyst to provide a full market feasibility study of the Project.
(G) Developer has negotiated, conferred and caused the Owner to execute an architectural contract for the planning and design of the Project.
(H) Developer has created, refined and analyzed the financial projections for the Project.
(I) Developer has negotiated, conferred, and worked with the Project architects, engineers and Contractor with regard to preparation, refinement, and finalization of the plans and specifications for the Project, and projected construction schedules and costs.
(J) Developer has applied for zoning approvals, land use approvals and development permits necessary for the Project, and has conferred and worked with the City of Memphis planning and building agencies with regard to such approvals and permits.
(K) Developer has negotiated and conferred with the construction lender to obtain the construction loan.
(L) Developer has negotiated and conferred with an insurance carrier to provide a builder's risk policy during construction. Developer hereby agrees to have performed the following development services for and as an agent of Owner.
Prior Services. Any salvage services rendered by the Contractors to the property before and up to the date of this agreement shall be deemed to be covered by this agreement.
Prior Services. Owner acknowledges that Developer has, prior to the date hereof, performed substantial development services relating to the Apartment Housing. Such services (the "Prior Services") have included the following.
(1) Services Rendered Prior to the date of the Agreement.
(A) Developer has negotiated and conferred with the Contractor and recommended to the Owner to enter into a construction and renovation contract with the Contractor for the building of the Apartment Housing.
(B) Developer has: estimated the cost of construction and renovation; determined the construction and renovation period; prepared a monthly-estimated construction and renovation chart reflecting the construction and renovation services required each month; and prepared a preliminary construction and renovation budget.
(C) Developer has reviewed the plans and specifications for compliance with design criteria and construction and renovation contracts.
(D) Developer has negotiated and conferred with public authorities relating to traffic control, zoning, flood control and other matters affecting the development of the Apartment Housing.
(E) Developer has negotiated and conferred with an architect and recommended to the Owner to execute an architectural contract for the planning and design of the Apartment Housing.
(F) Developer has placed its own capital at risk in anticipation of the Apartment Housing being constructed, leased and Tax Credits awarded.
Prior Services. Owner acknowledges that Developer has, prior to the date hereof, performed substantial development services relating to the Apartment Housing. Such services (the "Prior Services") have included the following.
(1) Services Rendered Prior to Date Hereof.
(A) Developer has negotiated and conferred with the Contractor and recommended to the Owner to enter into a construction contract with the Contractor for the building of the Apartment Housing.
(B) Developer has: estimated the cost of construction; determined the construction period; prepared a monthly-estimated construction chart reflecting the construction services required each month; and prepared a preliminary construction budget.
(C) Developer has reviewed the plans and specifications for compliance with design criteria and construction contracts.
(D) Developer has established a central control file of all design, engineering and development documents, including contracts, plans and specifications.
(E) Developer has negotiated and conferred with public authorities relating to traffic control, flood control and other matters affecting the development of the Apartment Housing.
(F) Developer has negotiated and conferred with an architect and recommended to the Owner to execute an architectural contract for the planning and design of the Apartment Housing.
Prior Services. The intent of the parties is that the Services described herein are those that SRC was providing to LE prior to the Effective Date in connection with the sale of the Merchandise in Sears Locations; provided, however, that the parties have endeavored to modify such Services as necessary to reflect the spin-off of LE and to reflect that Merchandise is owned by LE. If a Party identifies a service that was previously provided by SRC that is not described in this Agreement, it will notify the other Party’s Contact Person (as provided for in Section 8.14 below), and the Parties will work together in Good Faith to determine whether they wish to have such service added to this Agreement; any such addition will require a written amendment to this Agreement signed by both parties to be effective. The Parties will include in such an amendment, if they agree to execute one, a description of the service, the Fees, and allocation of expenses for such Service.
Prior Services. Owner acknowledges that Developer has, prior to the date hereof, performed substantial development services relating to the Project. Such services (the "Prior Services") have included the following:
(1) Services Rendered Prior to December 31, 1996.
(A) Developer has located, negotiated and closed on the purchase of the Real Property.
(B) Developer has made an application for Tax Credits to the Department.
(C) Developer has negotiated, conferred and worked with the Department to obtain a reservation of Tax Credits for the Owner on the Project.
(D) Developer has negotiated, conferred and worked with the Department to obtain an allocation of Tax Credits for the Owner on the Project.
(E) Developer has negotiated and conferred with the environmental engineer to provide a full environmental evaluation of the Real Property.
(F) Developer has negotiated and conferred with a market analyst to provide a full market feasibility study of the Project.
(G) Developer has negotiated, conferred and caused the Owner to execute an architectural contract for the planning and design of the Project.
Prior Services. Nothing in this Agreement is intended to change, affect or supersede the provisions of the prior Administrative Services Agreement amended hereby and the parties each remain responsible for all obligations, costs, liabilities and benefits provided for under that prior agreement through the Effective Date of this Second Amended and Restated Agreement (and for such extended periods as may have been provided for thereunder, as applicable). SECOND AMENDED & RESTATED ADMINISTRATIVE SERVICES AGREEMENT
