XXXXXXXXX’S DUTIES. 5.1 In addition to any specific duties set out in any schedule to this Agreement, the Caretaker must as reasonably required:
(a) hose all walkways, access areas and other parts of the Common Property that require hosing;
(b) keep clean, tidy and maintained all parts of the Common Property;
(c) maintain and clean the swimming pool and recreation areas (if applicable);
(d) at the commencement of each day, set out any pool and recreation furniture and equipment;
(e) clean any drains and gutters on Common Property;
(f) keep clean, tidy and maintained all barbeques as and when required (if applicable);
(g) maintain exclusive use areas 800A and 801A and any other areas to which exclusive use is granted to more than one Lot;
(h) maintain the gardens and shrubs to a well presented standard, which duty includes watering, fertilising, weeding, mulching and top dressing;
(i) keep clean, tidy and maintained the bins for the Scheme and the surrounding Common Property where the bins for the Scheme are located as and when required;
(j) effect minor repairs and maintenance to the Common Property where the services of a skilled tradesman are not required.
5.2 The Caretaker must arrange and supervise contracts between the Body Corporate and independent contractors for all work of a specialist nature required for any of those things referred to in the previous clause or for any services to, or work to be carried out to, the Common Property including without limitation:
(a) specialist repairs and maintenance of the Common Property;
(b) cleaning of external windows or parts of the Complex not easily accessible by the Caretaker; and
(c) the provision of water, electricity, gas, fuel, telephone and other necessary services as required by the Body Corporate. Such contracts with independent contractors will only be entered into with the prior consent of the Body Corporate, but the Body Corporate must not unreasonably withhold such consent.
5.3 The Caretaker must:
(a) regularly ensure the correct operation and, if necessary, arrange for expert specialist maintenance of:
(i) any waste disposal system;
(ii) all Common Property electrical apparatus (if applicable);
(iii) any pumps and auxiliary motors (if applicable);
(iv) any lifts and security systems; and
(v) all other parts of the Common Property where inspection and/or maintenance is required;
(b) arrange all appliances, equipment, materials and supplies necessary to carry out the Caretaking Duties and to generally maintain the C...
XXXXXXXXX’S DUTIES. Developer shall cause all of the Public Project Improvements to be designed and constructed as follows:
(1) The Public Project Improvements shall be constructed in accordance with all Legal Requirements and such Developer Public Project Plans (as defined in Section 7.A.(4) below) as are approved by City in writing. Developer, with the assistance of City as requested, shall obtain all approvals and permits required by MoDOT, and any other entities or governmental departments specified by MoDOT, for the Public Project Improvements prior to the commencement of any construction for any Public Project Improvements requiring MoDOT approval. City agrees to cooperate in good faith to facilitate approval of the design, engineering and construction of the Public Project Improvements requiring approval by MoDOT, if any and by any other governmental entities or governmental departments.
(2) The contracts related to the construction of the Public Project Improvements shall be subject to a transparent, open and competitive public bidding process conducted by Developer which will allow for the selection of the lowest and most qualified contractor that is capable of complying with the Redevelopment Schedule to be selected based upon bid criteria developed by Developer and approved in writing by City, such approval shall not be unreasonably withheld. All costs for the required MoDOT improvements shall be a Reimbursable Project Cost regardless of whether the costs are included on Exhibit F-1 and regardless of whether such required MoDOT improvements are located within or outside the TIF Redevelopment Area, provided, however the total Reimbursement Project Costs do no exceed $30,132,938. In addition, the Developer shall fund and construct any improvements required by MoDOT that are located outside of the CID area (specifically including, but not limited to, improvements within MoDOT right-of-way located (a) north of the midline of 32nd Street at the intersection of 32nd Street and the realigned Xxxxxxx Boulevard, including acquiring any right-of-way, utility relocation, reconstruction of any permanent property improvements, and traffic light improvements (b) the intersection of 36th Street and Range Line Road, including acquiring any right-of- way, utility relocation, reconstruction of any permanent property improvements, and traffic light improvements).
