Common use of Public Improvements Clause in Contracts

Public Improvements. A. The City will, atitsowncost, extend asewer mainline on 151" Street and alift station, ifru-cessary,toaccommodate thecurrent useofthepropertyasa mobile bome park. Thesewershallbelocated incloseproximity tothe existingsepticsystem. The Gals, at Gals' cost, shallbe respons,'blo for constructing and installing the lateral sewer xxxx fromthemamsewerlineto!bemobile home park. The City acknowledges that!be ·. existing septicsystem provides sewage treatment for theentire mobile home park site. The City will takeall necessary precautions to remove the existing system on the property that the City is going to acquire end provide temporary measures to accommodate the mobile home park during the construction of the main sewer line. The Gals sball not be required topaythe City any connection charges for connecting the mobile home park <>nto the City's main sewer line. However, oncethe propertyceases to be used as a mobile home park and provided that anynewstructureorstructuresareconstructedonsaidproperty,theDevel<>perofthe newstructureorstructures sballpaytheconnecti<>ncharges <>ntheproperty currently in effect for such useofthe property at the time <>fthe isswmce <>fthe building permit the Gals sballbe solely respoDS!ble for abandoning that part <>fthe septicsystem onthe propertythatthe Cityisnot acquiring, pursuant to Will C<>untyend EPA Rulesand Regulations. TheCitysballbesolelyrespoDSibleforabandoningthatportionofthe septicsystem<>nthepropertythatit isacquiringpursuanttoWillCountyandEPA Rules and Regulations. B. The City will extend at the mid-point of the Gals JDope,ly on 151 Street at the City's <>wn cost, a water line of sufficient size and capacity toallow for the water connection on the Gals' property to the City of Lockport The Gals sball not be at thetime the Owner connects onto thesewer line of the City, but the Gals or their transferees sballberequiredtoconnect ontosaidline<>neethemobilehomepark ceases.

Public Improvements. A. The City willDeveloper shall install and pay for improvements as set forth in this paragraph which shall be dedicated or conveyed to the public, atitsowncostand which are hereafter referred to as the “Public Improvements” a. Developer shall install and pay for the following Public Improvements: sanitary sewer, extend asewer mainline on 151" Street storm sewer, water systems, storm water/drainage infrastructure, sidewalks, streets, trails and alift station, ifru-cessary,toaccommodate thecurrent useofthepropertyasa mobile bome park. Thesewershallbelocated incloseproximity tothe existingsepticsystemother public improvements referred to and identified in Final Plat and Plans. The GalsPublic Improvements shall be installed in accordance with the attached Plans; federal, at Gals' coststate and local law; City ordinances and shall be subject to City Engineer, shallbe respons,'blo for constructing City Planner and installing the lateral sewer xxxx fromthemamsewerlineto!bemobile home parkCity Water, Light and Power Commission approval. The City acknowledges that!be ·. existing septicsystem provides sewage treatment for theentire mobile home park site. The City will takeall necessary precautions to remove the existing system on the property that the City is going to acquire end provide temporary measures to accommodate the mobile home park during the construction As a condition of the main sewer line. The Gals sball not be required topaythe City any connection charges for connecting the mobile home park <>nto the City's main sewer line. However, oncethe propertyceases to be used as a mobile home park and provided that anynewstructureorstructuresareconstructedonsaidproperty,theDevel<>perofthe newstructureorstructures sballpaytheconnecti<>ncharges <>ntheproperty currently in effect for such useofthe property at the time <>fthe isswmce <>fthe building permit the Gals sballbe solely respoDS!ble for abandoning that part <>fthe septicsystem onthe propertythatthe Cityisnot acquiring, pursuant to Will C<>untyend EPA Rulesand Regulations. TheCitysballbesolelyrespoDSibleforabandoningthatportionofthe septicsystem<>nthepropertythatit isacquiringpursuanttoWillCountyandEPA Rules and Regulations. B. The City will extend at the mid-point ’s acceptance of the Gals JDope,ly on 151 Street at Public Improvements, the City's <>wn cost, a water line of sufficient size and capacity toallow for the water connection on the Gals' property Developer’s engineer shall certify to the City that the Developer’s engineer made reasonable inspections of Lockport The Gals sball the Public Improvements and that the Public Improvements were built in accordance with this Development Agreement. b. Developer shall complete all Public Improvements and obtain the City’s written acceptance of the Public Improvements no later than November 30, 2016, with the exception of landscaping along the berm and parkside area to be completed by June 30, 2017. c. Upon the City’s written acceptance of the Public Improvements, the Public Improvements shall automatically become property of the City without further notice or action. d. Under no circumstances shall Developer charge or assess, directly or indirectly, any fee, charge, assessment or consideration, to any party, for connection or access to, or service by, any Public Improvement. e. Within 30 days after the completion of the Public Improvements Developer shall supply the City a complete set of reproducible “as constructed” plans, and four complete sets of blue line “as constructed” plans, all prepared in accordance with City standards. f. Developer warrants all Public Improvements against any defects, poor material and faulty workmanship for a period of two years after its completion by Developer and acceptance by the City. Any replacement work shall be so warranted for two years after its completion by Developer and acceptance by the City. All landscaping including but not limited to, trees, bushes, shrubs, grass and sod, shall be at thetime warranted to be alive, of good quality and disease free for 12 months after planting. Any replacements shall be so warranted for 12 months after planting of the Owner connects onto thesewer line replacement. g. Prior to acceptance of the Public Improvements by the City, but Developer shall post maintenance bonds, in a form acceptable to the Gals or their transferees sballberequiredtoconnect ontosaidline<>neethemobilehomepark ceasesCity, naming the City as obligee, which secure all warranties identified in this paragraph 7. These maintenance bonds shall be in addition to, and not in lieu of, the Security required in paragraph 32 of this Development Agreement.

Public Improvements. A. The City willDeveloper shall install and pay for improvements as set forth in this paragraph which shall be dedicated or conveyed to the public, atitsowncostand which are hereafter referred to as the “Public Improvements” a. Developer shall install and pay for the following Public Improvements: sanitary sewer, extend asewer mainline on 151" Street storm sewer, water systems, storm water/drainage infrastructure, sidewalks, streets, trails and alift station, ifru-cessary,toaccommodate thecurrent useofthepropertyasa mobile bome park. Thesewershallbelocated incloseproximity tothe existingsepticsystemother public improvements referred to and identified in the Final Plat and Plans. The GalsPublic Improvements shall be installed in accordance with the Plans; federal, at Gals' coststate and local law; City ordinances and shall be subject to City Engineer, shallbe respons,'blo for constructing City Planner and installing the lateral sewer xxxx fromthemamsewerlineto!bemobile home parkCity Water, Light and Power Commission approval. The City acknowledges that!be ·. existing septicsystem provides sewage treatment for theentire mobile home park site. The City will takeall necessary precautions to remove the existing system on the property that the City is going to acquire end provide temporary measures to accommodate the mobile home park during the construction As a condition of the main sewer line. The Gals sball not be required topaythe City any connection charges for connecting the mobile home park <>nto the City's main sewer line. However, oncethe propertyceases to be used as a mobile home park and provided that anynewstructureorstructuresareconstructedonsaidproperty,theDevel<>perofthe newstructureorstructures sballpaytheconnecti<>ncharges <>ntheproperty currently in effect for such useofthe property at the time <>fthe isswmce <>fthe building permit the Gals sballbe solely respoDS!ble for abandoning that part <>fthe septicsystem onthe propertythatthe Cityisnot acquiring, pursuant to Will C<>untyend EPA Rulesand Regulations. TheCitysballbesolelyrespoDSibleforabandoningthatportionofthe septicsystem<>nthepropertythatit isacquiringpursuanttoWillCountyandEPA Rules and Regulations. B. The City will extend at the mid-point ’s acceptance of the Gals JDope,ly on 151 Street at Public Improvements, the City's <>wn cost, a water line of sufficient size and capacity toallow for the water connection on the Gals' property Developer’s engineer shall certify to the City that the Developer’s engineer made reasonable inspections of Lockport The Gals sball the Public Improvements and that the Public Improvements were built in accordance with the Plans and in compliance with the terms of this Development Agreement. b. Developer shall complete all Public Improvements and obtain the City’s written acceptance of the Public Improvements no later than July 10, 2019. c. Upon the City’s written acceptance of the Public Improvements, the Public Improvements shall automatically become property of the City without further notice or action. d. Under no circumstances shall Developer charge or assess, directly or indirectly, any fee, charge, assessment or consideration, to any party, for connection or access to, or service by, any Public Improvement. e. Within 30 days after the completion of the Public Improvements Developer shall supply the City a complete set of reproducible “as constructed” plans, and four complete sets of blue line “as constructed” plans, all prepared in accordance with City standards. f. Developer warrants all Public Improvements against any defects, poor material and faulty workmanship for a period of two years after its completion by Developer and acceptance by the City. Any replacement work shall be so warranted for two years after its completion by Developer and acceptance by the City. All landscaping including but not limited to, trees, bushes, shrubs, grass and sod, shall be at thetime warranted to be alive, of good quality and disease free for 12 months after planting. Any replacements shall be so warranted for 12 months after planting of the Owner connects onto thesewer line replacement. g. Prior to acceptance of the Public Improvements by the City, but Developer shall post maintenance bonds, in a form acceptable to the Gals or their transferees sballberequiredtoconnect ontosaidline<>neethemobilehomepark ceasesCity, naming the City as obligee, which secure all warranties identified in this paragraph 7.

Public Improvements. A. The City willPublic Improvements required by this Agreement for Phase 2 of the development of the Property are listed in Exhibit A attached hereto (“Public Improvements”), atitsowncost, extend asewer mainline on 151" Street and alift station, ifru-cessary,toaccommodate thecurrent useofthepropertyasa mobile bome parkthe estimated costs for construction of such improvements are set forth therein. Thesewershallbelocated incloseproximity tothe existingsepticsystem. The Gals, at Gals' cost, shallbe respons,'blo for constructing and installing No lot or unit in Phase 2 or Phase 3 of the lateral sewer xxxx fromthemamsewerlineto!bemobile home park. The City acknowledges that!be ·. existing septicsystem provides sewage treatment for theentire mobile home park site. The City will takeall necessary precautions to remove the existing system ERR development as indicated on the property that phasing plan provided to and approved by the City is going to acquire end provide temporary measures to accommodate Town shall be sold until the mobile home park during public improvements required for the particular phase have been constructed and accepted by the Town, or adequate security covering the cost of construction of the main sewer linesame has been provided to and accepted by the Town. All Public Improvements shall be installed and completed at the expense of the Developer. The Gals sball Public Improvements shall be constructed in conformance with (i) the plans and specifications submitted by the Developer and approved in writing by the Town Engineer, (ii) the Town of New Castle Public Works Manual then in effect, and (iii) any utility plan (hereinafter collectively referred to as “Plans and Specifications”). The Developer shall install the Public Improvements in compliance with the Plans and Specifications and in accordance with the terms and provisions of this Agreement and the Town Code. To the extent that any underground Public Improvements are installed within easements outside the public right-of-way, the Town shall have no duty to repair or restore sidewalks, stairs, landscaping, or other private improvements within or outside such easement that may be damaged or removed during excavation for repair, maintenance, or replacement of such underground facilities. Maintenance of any onsite drainage easements and detention ponds shall be the responsibility of the owner’s sub- association and not be required topaythe City any connection charges for connecting the mobile home park <>nto the City's main sewer line. However, oncethe propertyceases to be used as a mobile home park and Town; provided that anynewstructureorstructuresareconstructedonsaidproperty,theDevel<>perofthe newstructureorstructures sballpaytheconnecti<>ncharges <>ntheproperty currently in effect for if the sub-association fails to do so then the Town shall have the right, but not the obligation, to perform such useofthe property at the time <>fthe isswmce <>fthe building permit the Gals sballbe solely respoDS!ble for abandoning that part <>fthe septicsystem onthe propertythatthe Cityisnot acquiring, pursuant maintenance and to Will C<>untyend EPA Rulesand Regulations. TheCitysballbesolelyrespoDSibleforabandoningthatportionofthe septicsystem<>nthepropertythatit isacquiringpursuanttoWillCountyandEPA Rules and Regulations. B. The City will extend at the mid-point of the Gals JDope,ly on 151 Street at the City's <>wn cost, a water line of sufficient size and capacity toallow for the water connection on the Gals' property charge such expenses to the City of Lockport The Gals sball not be at thetime the Owner connects onto thesewer line of the City, but the Gals or their transferees sballberequiredtoconnect ontosaidline<>neethemobilehomepark ceasessub-association.

Public Improvements. A. The City willshall be responsible for the construction and delivery of certain public infrastructure improvements on the Premises as defined on Exhibit D hereto, atitsowncostwhich include the “Site-Related Public Infrastructure Improvements,” the “Waterfront Park Improvements,” the “Public Street, extend asewer mainline Streetscape and Utilities Improvements,” the “Supplemental Site Improvements,” and the “Environmental Remediation”, all as defined on 151" Street and alift station, ifru-cessary,toaccommodate thecurrent useofthepropertyasa mobile bome park. Thesewershallbelocated incloseproximity tothe existingsepticsystemExhibit D hereto (the “Public Improvements”). The GalsParties agree that the cost of the Public Improvements (exclusive of improvements to the River Street Pump Station described in Exhibit D, at Gals' costparagraph iv, shallbe respons,'blo for constructing the costs of which shall not be funded by the proceeds of the TIF) shall not exceed Twenty Fifteen Million and installing 00/100 Dollars ($20,000,000 $15,000,000) and any Public Improvements costs (exclusive of improvements to the lateral sewer xxxx fromthemamsewerlineto!bemobile home parkRiver Street Pump Station described in Exhibit D, paragraph iv, the costs of which shall not be funded by the proceeds of the TIF) in excess thereof shall be subject to the prior written approval of both Parties. Developer shall be given reasonable prior written notice of the material terms of any bond issuances or other financings entered into by the City to fund the Public Improvements. The City acknowledges that!be ·. existing septicsystem provides sewage treatment of Dover shall pay for theentire mobile home park site. The City will takeall necessary precautions to remove the existing system on the property that the City is going to acquire end provide temporary measures to accommodate the mobile home park during the design, engineering, and construction of the main sewer line. The Gals sball not be required topaythe City any connection charges for connecting Public Improvements; provided however, that Developer may, at its election and with the mobile home park <>nto the City's main sewer line. However, oncethe propertyceases to be used as a mobile home park and provided that anynewstructureorstructuresareconstructedonsaidproperty,theDevel<>perofthe newstructureorstructures sballpaytheconnecti<>ncharges <>ntheproperty currently in effect for such useofthe property at the time <>fthe isswmce <>fthe building permit the Gals sballbe solely respoDS!ble for abandoning that part <>fthe septicsystem onthe propertythatthe Cityisnot acquiring, pursuant to Will C<>untyend EPA Rulesand Regulations. TheCitysballbesolelyrespoDSibleforabandoningthatportionofthe septicsystem<>nthepropertythatit isacquiringpursuanttoWillCountyandEPA Rules and Regulations. B. The City will extend at the mid-point written approval of the Gals JDope,ly on 151 Street at the City's <>wn cost, a water line of sufficient size and capacity toallow for the water connection on the Gals' property to the City of Lockport Dover, complete some or all of the Public Improvements and receive an agreed upon credit against the Purchase Price for such work and the amount of any credit shall be set forth in a written agreement between the Developer and the City of Dover and shall in no event in total exceed $500,000. For the avoidance of doubt, if Developer elects to close on a Parcel and such Parcel is not “Pad Ready”, as such term is defined in Exhibit D, Section (iv) hereto, then (i) the City’s obligation to deliver such Parcel in Pad Ready condition shall survive the Closing on such Parcel until all of the Pad Ready improvements have been completed as verified by Developer’s engineer, regardless of whether the City or Developer constructs the Pad Ready improvements, and (ii) the City shall continue to construct all of the Pad Ready improvements following the Closing, unless the Developer elects to complete the Pad Ready improvements and receive a credit against the Purchase Price for the cost of such Pad Ready improvements in accordance with the terms and conditions of this Section 5.01. The Gals sball not construction of the Public Improvements shall be at thetime phased so as to be completed consistent with the Owner connects onto thesewer line phasing of the Project according to the phasing schedule set forth on Exhibit F. The Parties agree to reasonably cooperate to use any cost savings for the Public Improvements and/or any additional sources of funding for the Public Improvements obtained by the City, but in its sole discretion, to reduce the Gals or their transferees sballberequiredtoconnect ontosaidline<>neethemobilehomepark ceasesprincipal amount of the TIF and/or reduce the Guaranteed Tax Assessed Values of each Parcel.

Public Improvements. A. The City willDeveloper shall install and pay for improvements as set forth in this paragraph which shall be dedicated or conveyed to the public, atitsowncost, extend asewer mainline on 151" Street and alift station, ifru-cessary,toaccommodate thecurrent useofthepropertyasa mobile bome park. Thesewershallbelocated incloseproximity tothe existingsepticsystemwhich are hereafter referred to as the “Public Improvements” a. Developer shall install and pay for the following Public Improvements: removal of access points from the Property to Highway 16 and other public improvements referred to and identified in the Plans. The GalsPublic Improvements shall be installed or performed in accordance with the Plans; federal, at Gals' coststate and local law; City ordinances and shall be subject to City Engineer, shallbe respons,'blo for constructing City Planner and installing the lateral sewer xxxx fromthemamsewerlineto!bemobile home parkCity Water, Light and Power Commission approval. The City acknowledges that!be ·. existing septicsystem provides sewage treatment for theentire mobile home park site. The City will takeall necessary precautions to remove the existing system on the property that the City is going to acquire end provide temporary measures to accommodate the mobile home park during the construction As a condition of the main sewer line. The Gals sball not be required topaythe City any connection charges for connecting the mobile home park <>nto the City's main sewer line. However, oncethe propertyceases to be used as a mobile home park and provided that anynewstructureorstructuresareconstructedonsaidproperty,theDevel<>perofthe newstructureorstructures sballpaytheconnecti<>ncharges <>ntheproperty currently in effect for such useofthe property at the time <>fthe isswmce <>fthe building permit the Gals sballbe solely respoDS!ble for abandoning that part <>fthe septicsystem onthe propertythatthe Cityisnot acquiring, pursuant to Will C<>untyend EPA Rulesand Regulations. TheCitysballbesolelyrespoDSibleforabandoningthatportionofthe septicsystem<>nthepropertythatit isacquiringpursuanttoWillCountyandEPA Rules and Regulations. B. The City will extend at the mid-point ’s acceptance of the Gals JDope,ly on 151 Street at Public Improvements, the City's <>wn cost, a water line of sufficient size and capacity toallow for the water connection on the Gals' property Developer’s engineer shall certify to the City that the Developer’s engineer made reasonable inspections of Lockport The Gals sball the Public Improvements and that the Public Improvements were built in accordance with this Development Agreement. b. Developer shall complete all Public Improvements and obtain the City’s written acceptance of the Public Improvements no later than June 1, 2025. c. Upon the City’s written acceptance of the Public Improvements, the Public Improvements shall automatically become property of the City without further notice or action. d. Under no circumstances shall Developer charge or assess, directly or indirectly, any fee, charge, assessment or consideration, to any party, for connection or access to, or service by, any Public Improvement. e. Within 30 days after the completion of the Public Improvements Developer shall supply the City a complete set of reproducible “as constructed” plans, and four complete sets of blue line “as constructed” plans, all prepared in accordance with City standards. f. Developer warrants all Public Improvements against any defects, poor material and faulty workmanship for a period of two years after its completion by Developer and acceptance by the City. Any replacement work shall be so warranted for two years after its completion by Developer and acceptance by the City. All landscaping including but not limited to, trees, bushes, shrubs, grass and sod, shall be at thetime warranted to be alive, of good quality and disease free for 12 months after planting. Any replacements shall be so warranted for 12 months after planting of the Owner connects onto thesewer line replacement. g. Prior to acceptance of the Public Improvements by the City, but Developer shall post maintenance bonds, in a form acceptable to the Gals or their transferees sballberequiredtoconnect ontosaidline<>neethemobilehomepark ceasesCity, naming the City as obligee, which secure all warranties identified in this paragraph 5. These maintenance bonds shall be in addition to, and not in lieu of, the Security required in paragraph 23 of this Development Agreement.

Public Improvements. A. The Public Improvements, consisting of street and intersection improvements, including, but not limited to, new turning lanes, a new traffic signal, closing of existing driveways, median modifications and restriping of existing and new roads, and certain utility and storm sewer improvements, are to be constructed specifically as set forth in Exhibit B attached hereto, subject to any modifications or revisions that may be required by the GDOT from time to time, and collectively referred to as the “Public Improvement Plans”. (a) The City willagrees to construct, atitsowncostor cause to be constructed, extend asewer mainline on 151" Street and alift station, ifru-cessary,toaccommodate thecurrent useofthepropertyasa mobile bome park. Thesewershallbelocated incloseproximity tothe existingsepticsystemthe Public Improvements as described in the Public Improvement Plans provided GDOT has issued the permits required to construct the Public Improvements. The Galsconstruction of the Public Improvements must commence on or before June 1, at Gals' cost2015 and be completed no later than December 1, shallbe respons,'blo for constructing 2015, or such other dates as are mutually agreed to in writing by the City and installing Xxxxxx-Xxxxxx. All construction undertaken by the lateral sewer xxxx fromthemamsewerlineto!bemobile home parkCity shall be consistent with the designs provided by Xxxxxx-Xxxxxx and all City and GDOT codes, ordinances and regulations, as well as any other regulations or plans relative to the Public Improvements. The City acknowledges that!be ·. existing septicsystem provides sewage treatment shall pay all costs incurred for theentire mobile home park site. The City will takeall necessary precautions to remove the existing system on the property that the City is going to acquire end provide temporary measures to accommodate the mobile home park during the construction of the main sewer line. The Gals sball not be required topaythe City any connection charges for connecting the mobile home park <>nto the City's main sewer line. However, oncethe propertyceases to be used as a mobile home park and provided that anynewstructureorstructuresareconstructedonsaidproperty,theDevel<>perofthe newstructureorstructures sballpaytheconnecti<>ncharges <>ntheproperty currently in effect for such useofthe property at the time <>fthe isswmce <>fthe building permit the Gals sballbe solely respoDS!ble for abandoning that part <>fthe septicsystem onthe propertythatthe Cityisnot acquiring, pursuant to Will C<>untyend EPA Rulesand Regulations. TheCitysballbesolelyrespoDSibleforabandoningthatportionofthe septicsystem<>nthepropertythatit isacquiringpursuanttoWillCountyandEPA Rules and RegulationsPublic Improvements. B. The City will extend at (b) All Public Improvements shall be subject to the mid-point GDOT’s reasonable inspection and approval upon completion. After completion and approval of the Gals JDope,ly on 151 Street at Public Improvements, the City's <>wn cost, a water line of sufficient size City and capacity toallow GDOT will assume responsibility for the water connection on maintenance, repair and replacement of each portion of the Gals' property Public Improvements. Notwithstanding the foregoing, the City hereby acknowledges and agrees that prior to the City GDOT’s assumption of Lockport The Gals sball not be at thetime the Owner connects onto thesewer line responsibility for the maintenance, repair and replacement of each portion of the Public Improvements, the City, but the Gals or their transferees sballberequiredtoconnect ontosaidline<>neethemobilehomepark ceasesat its sole cost and expense, shall be responsible for such maintenance, repair and replacement obligations.

Public Improvements. A. The ENGINEER shall provide the following professional services on specific public and/or private improvements undertaken in and for the CITY (on a non-exclusive contract basis) only after such services have been authorized by the Mayor or upon approval of City willCouncil: 1. Prepare studies, atitsowncostreports and necessary construction drawings, extend asewer mainline on 151" Street plans, profiles, technical specifications, contract documents and alift stationestimates of cost for public improvements and provide related professional services including; but not limited to, ifru-cessary,toaccommodate thecurrent useofthepropertyasa mobile bome parkroadways; stormwater drainage systems; water distribution system improvements; wastewater collection system and treatment plant improvements; planning; building projects (architectural services); landscape architectural services; and, recreation/parks/trails improvements and upgrades. 2. Thesewershallbelocated incloseproximity tothe existingsepticsystemObserve and serve as the representative of the CITY in the execution of such public work undertaken by the CITY, pursuant to plans and specifications approved by the CITY. Prepare construction contract documents and assist the City during the public bidding phase relevant to CITY projects and improvements as authorized by the City. 3. Provide services to perform as the CITY’s Equal Employment Opportunity Coordinator and/or the Prevailing Wage Coordinator, where applicable, and so authorized by the CITY. 4. Consult with the CITY and act as City’s representative as provided in the General Conditions of a construction contract. The Galsextent and limitations of the duties, responsibilities, and authority of the ENGINEER as assigned in the General Conditions shall not be modified, except as ENGINEER may otherwise agree in writing. All of the CITY’s instructions to the Contractor will be issued through the ENGINEER, which shall have authority to act on behalf of the CITY in dealings with the Contractor to the extent provided in this Agreement and the General Conditions except as otherwise provided in writing. ENGINEER shall supervise and direct all Construction Project Representatives and such Construction Project Representatives shall report to and receive their instructions from the ENGINEER relative to the improvements authorized. 5. If requested, provide a full-time, resident project representative and assistant who will act as directed by the ENGINEER in order to provide more extensive representation at Gals' cost, shallbe respons,'blo for constructing and installing the lateral sewer xxxx fromthemamsewerlineto!bemobile home park. The City acknowledges that!be ·. existing septicsystem provides sewage treatment for theentire mobile home park site. The City will takeall necessary precautions to remove the existing system on the property that the City is going to acquire end provide temporary measures to accommodate the mobile home park construction project sites during the construction phase of any project. The duties and responsibilities of the main sewer lineresident project representative and assistant shall be set forth in Exhibit “B”, a copy of which is attached hereto and incorporated herein by reference. The Gals sball furnishing of such resident project representation shall not make the ENGINEER responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions or programs, or forthe Contractor’s failure to perform the construction work in accordance with the contract documents. 6. Furnish to the CITY, plans, specifications and estimates of cost of improvements as requested by the City for the information and guidance of contractors dealing with the CITY. 7. Provide other technical or administrative services as may be required topaythe City any and authorized by the CITY in connection charges with capital improvement projects in the CITY or associated with acting as the CITY representative to outside agencies or public authorities. 8. Provide services in connection with the preparation of record drawings of the work and structures as built based upon data furnished by the Contractor and/or the Construction Project Representative. 9. Plans and specifications, sketches, maps, drawings, linens, plats and similar finished documents prepared for connecting the mobile home park <>nto CITY by the City's main sewer line. HoweverENGINEER, oncethe propertyceases when completed, shall be deposited with the CITY, and shall belong to and be used retained by the CITY as a mobile home park and provided that anynewstructureorstructuresareconstructedonsaidproperty,theDevel<>perofthe newstructureorstructures sballpaytheconnecti<>ncharges <>ntheproperty currently in effect for such useofthe property at the time <>fthe isswmce <>fthe building permit the Gals sballbe solely respoDS!ble for abandoning that part <>fthe septicsystem onthe propertythatthe Cityisnot acquiring, pursuant to Will C<>untyend EPA Rulesand Regulations. TheCitysballbesolelyrespoDSibleforabandoningthatportionofthe septicsystem<>nthepropertythatit isacquiringpursuanttoWillCountyandEPA Rules and Regulations. B. The City will extend at the mid-point record of the Gals JDope,ly on 151 Street at the City's <>wn cost, a water line of sufficient size and capacity toallow for the water connection on the Gals' property to the City of Lockport North Royalton. The Gals sball not be at thetime the Owner connects onto thesewer line of the City, but the Gals or their transferees sballberequiredtoconnect ontosaidline<>neethemobilehomepark ceasesCITY shall have all property and proprietary rights with respect to such prepared documents. The Engineer agrees to comply with Ohio Public RecordsAct.

Public Improvements. A. (a) The City, Authority and Developer acknowledge and agree that as a result of the Developer's construction of the Minimum Improvements, it will be necessary for the City will, atitsowncost, extend asewer mainline on 151to acquire and construct certain street and utility improvements of a public nature. Such public improvements are referred to in this Agreement as the "Public Improvements" and consist of the following: (1) the acquisition of existing Laredo Street and alift stationutilities located in the right of way therein (the "Laredo Street Improvements"); and (2) the construction of the street and utilities described as the "Improvements" in the Public Improvements Agreement dated as of even date herewith between Seller and the City (the "Xxxxxx Drive Improvements"). (b) The parties agree and understand that the City will acquire the Laredo Street Improvements upon closing on acquisition of the Development Property from the Seller, ifru-cessary,toaccommodate thecurrent useofthepropertyasa mobile bome park. Thesewershallbelocated incloseproximity tothe existingsepticsystem. The Gals, and that the portion of the purchase price payable to Seller at Gals' cost, shallbe respons,'blo for constructing and installing closing represents the lateral sewer xxxx fromthemamsewerlineto!bemobile home parkcost of acquisition of the Laredo Street Improvements. The City acknowledges that!be ·agrees that it will not specially assess any portion of the cost of the Public Improvements against the Development Property, except pursuant to the petition for Public Improvements and Waiver of Special Assessment Appeal as set forth in Exhibit D to the Purchase Agreement. (c) The City will cause construction of the Xxxxxx Drive Improvements in accordance with the terms of the Public Improvements Agreement; provided, however, the City shall not give the Commencement Notice (as defined in the Public Improvements Agreement) without the prior written consent of Developer. existing septicsystem provides sewage treatment The City shall provide duplicate copies of the Plans submitted by the Seller pursuant to the Public Improvements Agreement to the Developer for theentire mobile home park siteits review and comment, shall consult with Developer with respect thereto, and reasonably cooperate with Developer with respect to any comments or concerns Developer may have with respect to the Plans and the Public Improvements. The City will takeall necessary precautions use its best efforts to remove coordinate the existing system on construction of the property that Xxxxxx Drive Improvements with the construction of the Minimum Improvements and the Site Improvements by the Developer, so as to minimize disruption of the Developer's activities. Notwithstanding anything to the contrary herein, the City shall have no obligation to commence or cause to be commenced any work related to the Xxxxxx Drive Improvements until the Taxable TIF Bonds have been issued and the Purchase Money Note has been paid in full. The City and the Authority agree that, if the City exercises its rights to complete the Public Improvements under Section 2.10(b) of the Public Improvements Agreement, the Developer may, after written notice to the City, assume the rights and obligations of the Seller under the Public Improvements Agreement (other than those relating to the Seller's obligations to pay costs overages under Section 2.11(b) thereof), including without limitation the right to reimbursement by the City and the Seller for work performed by the Developer from and after the date of such notice; provided that in such event, the Public Improvements shall be completed within 60 days after the date of the Developer's notice. If the Developer does not timely complete the Public Improvements, the City retains its rights thereafter to complete the Public Improvements under Section 2.10(b) of the Public Improvements Agreement. Nothing in this Section is going intended to acquire end provide temporary measures inure to accommodate the mobile home park benefit of the Seller or relieve the Seller of its obligations under the Public Improvements Agreement. (d) The Developer acknowledges that it may be necessary, during the construction of the main sewer lineXxxxxx Drive Improvements, for the City or the Seller to enter upon the Development Property for the purpose of making such improvements. The Gals sball not be required topaythe City any connection charges for connecting the mobile home park <>nto the City's main sewer line. However, oncethe propertyceases to be used as a mobile home park and provided that anynewstructureorstructuresareconstructedonsaidproperty,theDevel<>perofthe newstructureorstructures sballpaytheconnecti<>ncharges <>ntheproperty currently in effect for such useofthe property at the time <>fthe isswmce <>fthe building permit the Gals sballbe solely respoDS!ble for abandoning that part <>fthe septicsystem onthe propertythatthe Cityisnot acquiring, pursuant to Will C<>untyend EPA Rulesand Regulations. TheCitysballbesolelyrespoDSibleforabandoningthatportionofthe septicsystem<>nthepropertythatit isacquiringpursuanttoWillCountyandEPA Rules and Regulations. B. The City will extend at the mid-point of the Gals JDope,ly on 151 Street at the City's <>wn cost, a water line of sufficient size and capacity toallow for the water connection on the Gals' property Developer hereby grants to the City a construction license allowing the City and its officials, employees, agents and contractors (including without limitation the Seller and its officials, employees agents and contractors) to enter the Development Property for the purpose of Lockport constructing the Xxxxxx Drive Improvements. The Gals sball City shall use all reasonable efforts to cause the parties performing such work to coordinate with and not be at thetime unnecessarily disturb the Owner connects onto thesewer line performance of the City, but the Gals or their transferees sballberequiredtoconnect ontosaidline<>neethemobilehomepark ceasesMinimum Improvements.

Public Improvements. A. The City willUpon the issuance of TIRZ Bonds by the TIRZ prior to the Funding Date, atitsowncost, extend asewer mainline on 151" Street which the decision to issue is in the sole and alift station, ifru-cessary,toaccommodate thecurrent useofthepropertyasa mobile bome park. Thesewershallbelocated incloseproximity tothe existingsepticsystem. The Gals, at Gals' cost, shallbe respons,'blo for constructing and installing the lateral sewer xxxx fromthemamsewerlineto!bemobile home park. The City acknowledges that!be ·. existing septicsystem provides sewage treatment for theentire mobile home park site. The City will takeall necessary precautions to remove the existing system on the property that absolute discretion of the City Council, that produce a minimum of Sixteen Million Six Hundred Thousand 00/100 Dollars ($16,600,000.00) in Available Proceeds to the end that Forty Nine Million Six Hundred Thousand 00/100 Dollars ($49,600,000.00) in Available Funds are available to be drawn down by Developer for the development, construction and completion of the Parking Facility (exclusive of the Residential Parking Areas) and the Site Improvements and the satisfaction in full of the TIRZ’s obligation to reimburse Arlington Stadium Hotel Creek Developer, LLC for the project costs to which it is going entitled to acquire end provide temporary measures be reimbursed under the Development and Reimbursement Agreement Developer agrees to accommodate the mobile home park during do as follows: a. Developer shall enter into one or more construction contracts for the construction of the main sewer line. The Gals sball Parking Facility and the Site Improvements in accordance with plans and specifications approved by the City Representative, whose approval shall not be required topaythe unreasonably withheld, conditioned or delayed (and whose approval shall be deemed to have been granted if the City any connection charges for connecting the mobile home park <>nto the City's main sewer line. However, oncethe propertyceases to be used as a mobile home park and provided that anynewstructureorstructuresareconstructedonsaidproperty,theDevel<>perofthe newstructureorstructures sballpaytheconnecti<>ncharges <>ntheproperty currently in effect for such useofthe property at the time <>fthe isswmce <>fthe building permit the Gals sballbe solely respoDS!ble for abandoning that part <>fthe septicsystem onthe propertythatthe Cityisnot acquiring, pursuant to Will C<>untyend EPA Rulesand Regulations. TheCitysballbesolelyrespoDSibleforabandoningthatportionofthe septicsystem<>nthepropertythatit isacquiringpursuanttoWillCountyandEPA Rules and Regulations. B. The City will extend at the mid-point Representative does not approve or disapprove of the Gals JDope,ly on 151 Street at the City's <>wn cost, a water line plans and specifications within fifteen (15) calendar days of sufficient size and capacity toallow for the water connection on the Gals' property their submission to the City Representative for review and approval.) Developer shall be solely responsible for the selection of Lockport its contractor(s) and shall enter into all agreements necessary for the construction of the Parking Facility and the Site Improvements. Developer shall cause its contractor(s) to construct the Parking Facility and the Site Improvements in substantial accordance with the approved plans and specifications. Prior to commencement of any construction work, Developer shall provide the City Representative with a construction schedule and shall invite the City Representative to all scheduled construction meetings. Developer shall provide the City with a quarterly written construction status report, including an updated construction schedule and a log of any change orders. b. The Gals sball plans and specifications and all work performed to complete the Parking Facility and the Site Improvements shall conform to all Applicable Law. Developer, or its contractor(s), shall obtain all Governmental Authorizations necessary for construction of the Parking Facility and the Site Improvements. The City shall reasonably assist Developer with such effort. Execution of this Agreement by the TIRZ and the City shall not constitute or be deemed (1) to be a release by the TIRZ or the City of the responsibility or liability of Developer or any of its contractors, their officers, agents, employees, and subcontractors for the accuracy or the competency of the plans and specifications, including but not limited to, any related investigations, surveys, designs, working drawings, and other specifications or documents; (2) an assumption of any responsibility or liability by the TIRZ or the City for any negligent act, error, or omission in the conduct or preparation of any investigation, surveys, designs, working drawings, and other specifications or documents by Developer or any of its contractors, their officers, agents, employees, and subcontractors; or (3) to be a replacement or substitute for, or otherwise excuse Developer, or its Contractor, from any permitting process of the City applicable to the Parking Facility and the Site Improvements. c. All Project Costs for the Parking Facility and the Site Improvements shall be advanced by Developer with Developer making all payments to its contractor(s), and any other third parties, for the design and construction of the Parking Facility and the Site Improvements from its own funds and obtaining reimbursement from the City and/or the TIRZ in accordance with the terms and provisions of Section 5 of this Agreement. d. Developer shall use reasonable efforts to cause all work associated with the Parking Facility (exclusive of the Residential Parking Areas) to be Substantially Completed within twenty-four (24) months after the commencement of construction of the Parking Facility, as such date may be extended for delays caused by force majeure and delays in the issuance of necessary governmental permits and approvals and the City complying with its material obligations hereunder. Construction of the Parking Facility shall commence within forty-five (45) days after the later of (i) issuance of all governmental permits and approvals necessary for the commencement of construction of the Parking Facility, which Developer or its designee shall apply for no later than nine (9) months after the date that Forty Nine Million Six Hundred Thousand 00/100 Dollars ($49,600,000.00) in Available Funds are first available, and (ii) issuance of the TIRZ Bonds that produce a minimum of Sixteen Million Six Hundred Thousand 00/100 Dollars ($16,600,000.00) in Available Proceeds to the end that Forty Nine Million Six Hundred Thousand 00/100 Dollars ($49,600,000.00) in Available Funds are available. The date by which Developer must cause Substantial Completion of the Parking Facility (exclusive of the Residential Parking Areas) to occur, may, at thetime the Owner connects onto thesewer line request of Developer, be extended in writing by the City Representative, in the reasonable discretion of the City Representative, upon good and sufficient cause therefor being shown by Developer, for such period of time as Developer reasonably requests. After the Substantial Completion of the Parking Facility (exclusive of the Residential Parking Areas), Developer shall use due diligence to cause punch list items and landscaping that constitute a part of the Parking Facility (exclusive of the Residential Parking Areas) to be completed within a reasonable time. e. Developer shall use reasonable efforts to cause all work associated with the Site Improvements to be Substantially Completed within thirty-six (36) months after the commencement of construction of the Site Improvements, as such date may be extended for delays caused by force majeure and delays in the issuance of necessary governmental permits and approvals and the City complying with its material obligations hereunder. Construction of the Site Improvements shall commence within forty-five (45) days after the later of (i) issuance of all governmental permits and approvals necessary for the commencement of construction of the Parking Facility, which Developer or its designee shall apply for no later than nine (9) months after the date that Forty Nine Million Six Hundred Thousand 00/100 Dollars ($49,600,000.00) in Available Funds are first available, and (ii) issuance of the TIRZ Bonds that produce a minimum of Sixteen Million Six Hundred Thousand 00/100 Dollars ($16,600,000.00) in Available Proceeds to the end that Forty Nine Million Six Hundred Thousand 00/100 Dollars ($49,600,000.00) in Available Funds are available. The date by which Developer must cause Substantial Completion of the Site Improvements to occur, may, at the request of Developer, be extended in writing by the City Representative, in the reasonable discretion of the City Representative, upon good and sufficient cause therefor being shown by Xxxxxxxxx, for such period of time as Developer reasonably requests. After the Substantial Completion of the Site Improvements, Developer shall use due diligence to cause punch list items and landscaping that constitute a part of the Site Improvements to be completed within a reasonable time. f. Following acceptance of the Parking Facility and the Site Improvements, by the City, Developer shall (1) review all final payment applications and forward same to the TIRZ with such supporting documentation as the TIRZ may reasonably require for substantiation of the actual Permitted Project Costs to design and construct the Parking Facility (exclusive of the Residential Parking Areas), and the Site Improvements, including contractor’s certificates and a final lien waiver following the completion of construction, (2) assign all warranties under the construction contract(s) for the Parking Facility and the Site Improvements, to the City, and (3) provide copies of all as-built drawings for any and all improvements constructed as part of the Parking Facility, and the Site Improvements to the City. The City shall accept the Parking Facility and Site Improvements promptly after the City confirms, in the exercise of the City’s governmental function, that the Parking Facility and Site Improvements comply with all applicable building codes and ordinances and conform in all material respects to the plans and specifications approved by the City Representative; provided, that Developer shall have the right, from time to time, to make reasonable and non-material changes/field adjustments (collectively, “Non-Material Field Adjustments”) in and to the plans and specifications approved by the City Representative to the extent that the same shall be necessary or desirable in order to adjust to actual field conditions (and are not materially inconsistent with the intent of the plans and specifications approved by the City Representative and do not result in the substitution of inferior materials or methods of construction) or to cause the work shown on such plans and specifications to comply with any applicable requirements of public authorities and/or requirements of insurance bodies. All Non-Material Field Adjustments (which may be made immediately but confirmed by written notice to the Gals or their transferees sballberequiredtoconnect ontosaidline<>neethemobilehomepark ceases.City) shall be noted on the applicable plans or

Public Improvements. A. The City willDeveloper shall design, atitsowncostinstall, extend asewer mainline on 151" Street maintain and alift stationpay for improvements as set forth in this paragraph, ifru-cessary,toaccommodate thecurrent useofthepropertyasa mobile bome park. Thesewershallbelocated incloseproximity tothe existingsepticsystemwhich improvements shall be dedicated or conveyed to the public, and which are hereafter referred to as the “Public Improvements”: Sanitary sewer, storm sewer, water systems, storm water/drainage infrastructure, sidewalks, streets, and other public improvements referred to and identified in this Development Agreement, along with all restoration costs. The GalsPublic Improvements shall be installed in accordance with the Plans; federal, at Gals' coststate and local law; and subject to City Engineer, shallbe respons,'blo for constructing City Planner and installing the lateral sewer xxxx fromthemamsewerlineto!bemobile home parkCity Water, Light and Power Commission approval. The City acknowledges that!be ·. existing septicsystem provides sewage treatment for theentire mobile home park site. The City will takeall necessary precautions to remove the existing system on the property that the City is going to acquire end provide temporary measures to accommodate the mobile home park during the construction As a condition of the main sewer line. The Gals sball not be required topaythe City any connection charges for connecting the mobile home park <>nto the City's main sewer line. However, oncethe propertyceases to be used as a mobile home park and provided that anynewstructureorstructuresareconstructedonsaidproperty,theDevel<>perofthe newstructureorstructures sballpaytheconnecti<>ncharges <>ntheproperty currently in effect for such useofthe property at the time <>fthe isswmce <>fthe building permit the Gals sballbe solely respoDS!ble for abandoning that part <>fthe septicsystem onthe propertythatthe Cityisnot acquiring, pursuant to Will C<>untyend EPA Rulesand Regulations. TheCitysballbesolelyrespoDSibleforabandoningthatportionofthe septicsystem<>nthepropertythatit isacquiringpursuanttoWillCountyandEPA Rules and Regulations. B. The City will extend at the mid-point ’s acceptance of the Gals JDope,ly on 151 Street at Public Improvements, the City's <>wn cost, a water line of sufficient size and capacity toallow for the water connection on the Gals' property Developer’s engineer shall certify to the City that the Developer’s engineer made reasonable inspections of Lockport The Gals sball not be at thetime the Owner connects onto thesewer line Public Improvements and that the design, construction, operation, and condition of the Public Improvements comply with the Development Agreement, as well as with federal, state and local law. Developer shall complete all Public Improvements and obtain the City’s written approval of the Public Improvements no later than: , 201 . Upon the City’s written acceptance of the Public Improvements, the Public Improvements shall automatically become property of the City without further notice or action. Developer shall convey to the City, through dedication in the final plat or a separate conveyance document, fee title or an easement (whichever is required by the City) to (a) the property encompassing all Public Improvements, (b) property necessary for all public and private connections and access to all Public Improvements, and (c) all other property interests, conveyance of which is required by this Development Agreement. Developer shall obtain the City Engineer’s written approval of the form of the conveyance document and the location of all such easements or fee title conveyances. Any part of the Property conveyed, transferred or assigned to the City by deed, dedication, plat, easement, or otherwise shall be conveyed or transferred free and clear of any mortgage, liens, restrictions, interests, or encumbrances, so that upon such conveyance, transfer or dedication, the City shall have good and marketable title thereto clear of any other rights or interests in the Property. Developer shall pay all costs of acquiring any such rights or interests in the Property that are conveyed to the City pursuant to this paragraph, as well as the cost of recording any such plat, easement or deed. Under no circumstances shall Developer charge or assess, directly or indirectly, any fee, charge, assessment or consideration, to any party, for connection or access to, or service by, any Public Improvement. Within 30 days after the completion of the Public Improvements, Developer shall supply to the City a complete set of reproducible “as constructed” plans, and four complete sets of blue line “as constructed” plans, all prepared in accordance with City standards. Developer warrants all Public Improvements against any defects, poor material and faulty workmanship for a period of two years after its completion by Developer and acceptance by the City. Any replacement work shall be so warranted for two years after its completion by Developer and acceptance by the City. All landscaping including but not limited to, trees, bushes, shrubs, grass and sod, shall be warranted to be alive, of good quality and disease free for 12 months after planting. Any replacements shall be so warranted for 12 months after planting. All buffer yard landscaping shall be warranted for two years, commencing with final installation of plants within the Gals or their transferees sballberequiredtoconnect ontosaidline<>neethemobilehomepark ceasesbuffer yards. Prior to acceptance of the Public Improvements by the City, Developer shall post maintenance bonds, in a form acceptable to the City Attorney, naming the City as an obligee, which secure all warranties identified in this paragraph 6. These maintenance bonds shall be in addition to, and not in lieu of, the security required in paragraph 13 of this Development Agreement.