Common use of Reimbursement to Developer Clause in Contracts

Reimbursement to Developer. a. Developer may seek reimbursement for the oversize portion of infrastructure and disproportionate right-of-way acquired and/or granted and a pro rata portion of the cost of off-site Improvements required under this Agreement; provided, that the Developer’s right to reimbursement under this Section shall be limited to a period of five years following Acceptance of any reimbursable Improvements. b. At the time of final approval of a subdivision plat or other development plan for properties that use these Improvements, the Town shall require, as a condition of approval, a proportional reimbursement to Developer based upon values given by Developer. Nothing contained in this Agreement shall (i) operate to create an obligation on the part of the Town to pay or reimburse any costs to Developer in the event such costs are not recovered by the Town as contemplated herein, for any reason, from the properties or property owners that use the Improvements; or (ii) require the Town to disapprove any project where there is a disagreement as to the reimbursement value between the Developer and the new development. The Town, as a condition of approval of the new development, shall require the developer of the new development to engage in good faith negotiations with the Developer. While the actual costs of the improvements described in this Section is unknown at this time, any reimbursement requested by Xxxxxxxxx will be based on actual costs incurred for engineering, planning, and all other development consulting services related to the specific offsite improvements as well as the actual hard construction costs incurred in building such offsite improvements. Developer may request a reimbursement based on a pro-rata allocation of such costs between Developer and any developments that are either adjacent to the Development, in proximity to the Development, or otherwise benefit from the Development. c. In calculating the reimbursement, the Developer shall consider all factors reasonable to the analysis, including, without limitation, proportional linear footage, projected traffic generation, and/or utility usage. The specific improvements eligible for reimbursement shall include: (i) the right-of-way dedication for Xxxx Road and any improvements to Xxxx Road, including, without limitation, widening the travel lanes and shoulders, constructing a decel lane, constructing a walking/bike path and additional landscaping in such right-of-way (collectively, “Roadway improvements”), and (ii) the right-of-way dedication and any improvements for the traffic circle at the intersection of Xxxx Road, XxXxxxxx Road, and Battle Road. d. There may be additional improvements, specifically utility improvements, required by municipal entities other than the Town that Developer may also be eligible to seek reimbursement for. Nothing in this Agreement shall preclude Developer from seeking such reimbursements. The Town will not be involved in reimbursements sought for improvements required by other entities. e. Xxxxxxxxx agrees it will not file any legal action against the Town regarding the reimbursement obligations described in this Section 8 or allege any fault on the part of the Town that may cause the Town to be joined in any legal action regarding the reimbursement obligations described in this Section 8. Xxxxxxxxx further agrees to indemnify and defend the Town in the event of any lawsuit wherein the complaining entity and/or person names the Town as a party and asserts that the Town’s actions pursuant to this Section 8 constitute a taking or a violation of any other law.

Reimbursement to Developer. a. Developer may seek reimbursement for the oversize portion of utilities, other infrastructure and disproportionate right-of-way acquired and/or granted and a pro rata portion of the cost of off-site Improvements required under this Agreement; provided, that the Developer’s right to reimbursement under this Section shall be limited to a period of five years following Acceptance completion of any reimbursable Improvementsimprovements. Any improvement eligible for reimbursement under this Section shall be deemed “complete” once all work on such improvement has been finalized and the improvement has been inspected and accepted by the Town. b. At the time of final approval of a subdivision plat or other development plan for properties that use these Improvements, the Town shall require, as a condition of approval, a proportional reimbursement to Developer based upon values given by Developer. Nothing contained in this Agreement shall (i) operate to create an obligation on the part of the Town to pay or reimburse any costs to Developer in the event such costs are not recovered by the Town as contemplated herein, for any reason, from the properties or property owners that use the Improvements; or (ii) require the Town to disapprove any project where there is a disagreement as to the reimbursement value between the Developer and the new development. The Town, as a condition of approval of the new development, shall require the developer of the new development to engage in good faith negotiations with the Developer. While the actual costs of the improvements described in this Section is unknown at this time, any reimbursement requested by Xxxxxxxxx will be based on actual costs incurred for engineering, planning, and all other development consulting services related to the specific offsite improvements as well as the actual hard construction costs incurred in building such offsite improvements. Developer may request a reimbursement based on a pro-rata allocation of such costs between Developer and any developments that are either adjacent to the Development, in proximity to the Development, or otherwise benefit from the Development. c. In calculating the reimbursement, the Developer Town shall consider all factors reasonable to the analysis, including, without limitation, proportional linear footage, projected traffic generation, and/or utility usage. The specific improvements eligible for reimbursement shall include: (i) the right-of-way 1 Town to confirm if applicable. dedication for Xxxx XxXxxxxx Road and any improvements to Xxxx XxXxxxxx Road, including, without limitation, widening the travel lanes and shoulders, constructing a decel lane, constructing a walking/bike path and additional landscaping in such right-of-way (collectively, “Roadway improvements”), and (ii) the right-of-way dedication for Fly Road and any Roadway Improvements to Fly Road, and (iii) the intersection improvement to Fly Road and Rocky Springs Road and, if required in the future according to the terms of this Agreement, improvements for the traffic circle at to the intersection of Xxxx Road, /Battle Road and XxXxxxxx Road, and Battle Road. d. There may be additional improvements, specifically utility improvements, required by municipal entities other than the Town that Developer may also be eligible to seek reimbursement for. Nothing in this Agreement shall preclude Developer from seeking such reimbursements. The Town will not be involved in reimbursements sought for improvements required by other entities. e. Xxxxxxxxx agrees it will not file any legal action against the Town regarding the reimbursement obligations described in this Section 8 or allege any fault on the part of the Town that may cause the Town to be joined in any legal action regarding the reimbursement obligations described in this Section 8. Xxxxxxxxx further agrees to indemnify and defend the Town in the event of any lawsuit wherein the complaining entity and/or person names the Town as a party and asserts that the Town’s actions pursuant to this Section 8 constitute a taking or a violation of any other law.

Reimbursement to Developer. a. Developer may seek reimbursement for the oversize portion of infrastructure and disproportionate right-of-way acquired and/or granted and a pro rata portion of the cost of off-site Improvements required under this Agreement; provided, that the Developer’s right to reimbursement under this Section shall be limited to a period of five years following Acceptance of any reimbursable Improvements. b. At the time of final approval of a subdivision plat or other development plan for properties that use these Improvements, the Town shall require, as a condition of approval, a proportional reimbursement to Developer based upon values given by Developer. Nothing contained in this Agreement shall (i) operate to create an obligation on the part of the Town to pay or reimburse any costs to Developer in the event such costs are not recovered by the Town as contemplated herein, for any reason, from the properties or property owners that use the Improvements; or (ii) require the Town to disapprove any project where there is a disagreement as to the reimbursement value between the Developer and the new development. The Town, as a condition of approval of the new development, shall require the developer of the new development to engage in good faith negotiations with the Developer. While the actual costs of the improvements described in this Section is unknown at this time, any reimbursement requested by Xxxxxxxxx will be based on actual costs incurred for engineering, planning, and all other development consulting services related to the specific offsite improvements as well as the actual hard construction costs incurred in building such offsite improvements. Developer may request a reimbursement based on a pro-rata allocation of such costs between Developer and any developments that are either adjacent to the Development, in proximity to the Development, or otherwise benefit from the Development. c. In calculating the reimbursement, the Developer shall consider all factors reasonable to the analysis, including, without limitation, proportional linear footage, projected traffic generation, and/or utility usage. The specific improvements eligible for reimbursement shall include: (i) the right-of-way dedication for Xxxx XxXxxxxx Road and any improvements to Xxxx XxXxxxxx Road, including, without limitation, widening the travel lanes and shoulders, constructing a decel lane, constructing a walking/bike path and additional landscaping in such right-of-way (collectively, “Roadway improvements”), and (ii) the right-of-way dedication for Fly Road and any Roadway Improvements to Fly Road, and (iii) the intersection improvement to Fly Road and Rocky Springs Road and, if required in the future according to the terms of this Agreement, improvements for the traffic circle at to the intersection of Xxxx Road, /Battle Road and XxXxxxxx Road, and Battle Road. d. There may be additional improvements, specifically utility improvements, required by municipal entities other than the Town that Developer may also be eligible to seek reimbursement for. Nothing in this Agreement shall preclude Developer from seeking such reimbursements. The Town will not be involved in reimbursements sought for improvements required by other entities. e. Xxxxxxxxx agrees it will not file any legal action against the Town regarding the reimbursement obligations described in this Section 8 or allege any fault on the part of the Town that may cause the Town to be joined in any legal action regarding the reimbursement obligations described in this Section 8. Xxxxxxxxx further agrees to indemnify and defend the Town in the event of any lawsuit wherein the complaining entity and/or person names the Town as a party and asserts that the Town’s actions pursuant to this Section 8 constitute a taking or a violation of any other law.