Common use of Construction of the Public Improvements Clause in Contracts

Construction of the Public Improvements. Within thirty (30) days of conveyance of the Phase 1 Property to the Developers, the Agency shall commence construction of the public improvements to be constructed as part of Phase 1, including the realignment of Park Avenue and shall diligently prosecute the same to completion; provided, however, the Agency or the City shall not commence construction of the Parking Garage until the 2001 building season and only then if the conditions to sale of the Parking Revenue Bonds have been met as set forth in Section 2.03 above. The Agency and the City shall complete construction of the Phase 1 Public Improvements within 24 months of commencement of construction, provided, however if the Agency or the City is to construct the Parking Garage pursuant to Section 2.03, the Parking Garage shall be ready for occupancy within 9 months of commencement of constructions, although additional construction may be required after occupancy. The specific schedule of completion of the various components of the Public Improvements shall be as set forth in the Schedule of Performance. The Agency and the Developers shall coordinate construction schedules to insure that neither party's construction activities interfere with the other party's. Within thirty (30) days of conveyance of the Phase 2 Property to ASCRP, the Agency shall commence construction of the Phase 2 Public Improvements, including the Intermodal Transit Facility, and shall diligently prosecute the same to completion. The Agency and the City shall complete construction of the Phase 2 Public Improvements within 24 months of commencement of construction of the Phase 2 Public Improvements. The Agency and ASCRP shall coordinate construction schedules to insure that neither party's construction activities interfere with the other party's. The Agency shall diligently prosecute or cause to be prosecuted to completion the construction of each Phase of the Public Improvements and the Parking Garage. The Agency shall construct or cause to be constructed each Phase of the Public Improvements substantially in accordance with the final construction plans for the Public Improvements and the terms and conditions of all governmental approvals. The Agency shall consult with the Developers prior to making any material changes in the construction plans for the Public Improvements.

Construction of the Public Improvements. Within thirty 53 (30a) days of conveyance (1) The Developer shall select the Contractor to construct the Public Improvements 54 substantially in accordance with the Public Improvements plans and specifications. The Developer shall 55 establish a guaranteed maximum price, guaranteeing the maximum price for the construction cost of the Phase 56 Public Improvements or designated portions thereof. The guaranteed maximum price shall provide for 1 Property reimbursement of actual general conditions and reasonable allowances for overhead, profit, and 2 construction contingencies, which shall be consistent with the terms outlined in Section 4.08 hereof. 4 (2) The Developer may act as a Contractor, provided it is properly licensed and 5 otherwise legally authorized to do so. If the DevelopersDeveloper acts a Contractor, the Agency terms of Section 4.08 hereof 6 shall commence apply. 8 (b) (1) After the Public Improvements Commencement Date, each Contractor shall be 9 required to continue to pursue and prosecute the construction of the public improvements Public Improvements with due 10 diligence to be constructed as part of Phase 1completion, including the realignment of Park Avenue and shall diligently prosecute not at any time actually or effectively have abandoned the same to completion; provided, however, Project Site. 12 (2) All construction work on the Agency or the City shall not commence construction of the Parking Garage until the 2001 building season and only then if the conditions to sale of the Parking Revenue Bonds have been met as set forth in Section 2.03 above. The Agency and the City shall complete construction of the Phase 1 Public Improvements within 24 months of commencement of construction, provided, however if the Agency or the City is to construct the Parking Garage pursuant to Section 2.03, the Parking Garage shall be ready done substantially in 13 accordance with the Public Improvements plans and specifications, and shall be of a quality generally 14 recognized as standard for occupancy within 9 months projects similar to the Public Improvements. 16 (3) All obligations of commencement of constructionsa Contractor (including deadlines in the Project Schedule) with 17 respect to commencement, although additional construction may be required after occupancy. The specific schedule of continuation and completion of the various components construction of the Public Improvements shall 18 be as set forth in subject to delays and extensions from time to time for Unavoidable Delay. 20 (c) (1) Commencing on the Schedule of Performance. The Agency and the Developers shall coordinate construction schedules to insure that neither party's construction activities interfere with the other party's. Within thirty fifteenth (3015th) days of conveyance day of the Phase 2 Property to ASCRP, calendar month following the Agency shall commence construction of 21 calendar month in which the Phase 2 Public Improvements, including the Intermodal Transit Facility, Commencement Date occurs and shall diligently prosecute the same to completion. The Agency and the City shall complete construction of the Phase 2 Public Improvements within 24 months of commencement of construction of the Phase 2 Public Improvements. The Agency and ASCRP shall coordinate construction schedules to insure that neither party's construction activities interfere with the other party's. The Agency shall diligently prosecute or cause to be prosecuted to continuing until completion the construction of each Phase of the Public Improvements and 22 Improvements, the Parking Garage. The Agency shall construct or cause to be constructed each Phase of the Public Improvements substantially in accordance with the final construction plans Contractor for the Public Improvements shall make monthly reports to the Project 23 Coordinator in such detail and in such form as may reasonably be requested by the terms and conditions Project Coordinator 24 as to the actual progress of all governmental approvals. The Agency shall consult with the Developers prior to making any material changes in the construction plans for of the Public Improvements.