Infrastructure Improvements Clause Samples

Infrastructure Improvements. As part of the Project, Developer, at its own cost, will design, construct, fund and obtain permits for all Infrastructure.

Infrastructure Improvements. Developer shall engineer, construct, and otherwise provide, at Developer’s sole expense (except to the extent otherwise set forth below), the following improvements, facilities and services (public and private) with each phase of the project in accordance with this Agreement. Developer hereby warrants all infrastructure improvements for one (1) year from acceptance thereof by the City.

Infrastructure Improvements. If the Developer proceeds with the development of Building A and Building D, the Developer agrees to construct or cause the construction of the Infrastructure Improvements.

Infrastructure Improvements. Infrastructure improvements shall be completed to replace aged sewer and water systems that in part serve the Oakwood Neighborhood, electric and gas service, and cable, telecommunications, Internet, and other services, demolition and construction of roadway, sidewalks, street lighting, landscaping, and a traffic signal, as approved by the City, DDA and ELBRA, (the “Infrastructure Improvements”). The Infrastructure Improvements will be constructed by the Developer for the City on portions of the Developer’s Property, portions of the City Property now known as Parking Lot 4, a portion of Evergreen Avenue right of way, a portion of ▇▇▇▇▇▇ Avenue right of way, a portion of Abbot Road right of way, and a portion of the DDA Property as shown on the approved Site Plan. The portion of the DDA ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ Property necessary for the realignment of ▇▇▇▇▇▇ Avenue as shown on Exhibit D shall be transferred or otherwise dedicated by the DDA to the City in accordance with the terms of this Agreement and a Land Transfer Agreement attached hereto as Exhibit F. The Developer, at its option, may lease from the DDA commercial space in the building at ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, if available at the time, for use as construction or leasing offices during construction of the Project at normal rental rates or as otherwise agreed upon by the Developer and the DDA. In the event the DDA obtains a request from another entity to rent the available commercial space, Developer shall first be offered the available commercial space at the rate agreed upon by the other entity. Upon notification, Developer shall have 10 business days within which to notify the DDA of its decision to rent the premises. Otherwise the DDA may rent the space to the other entity. The Infrastructure Improvements shall be constructed and financed by the Developer in accordance with this Agreement, Exhibit D, and the City’s ordinances and engineering standards. The financing shall be reimbursed as set forth in subsection 5 and Section II, below. Except as specified in the approved Site Plan, streetscape improvements shall be designed and constructed in compliance with the East Lansing Urban Design Guidelines.

Infrastructure Improvements. RCP shall engage Bliss Sports II to be the construction manager and general contractor for the development and construction of the Infrastructure Improvements pursuant to a construction management agreement between RCP and Bliss Sports II which permits Bliss Sports II to engage various qualified parties to construct the Infrastructure Improvements (collectively, the “Infrastructure Improvements Construction Contract”). Bliss Sports II shall cause the Infrastructure Improvements to be developed and constructed in accordance with the Infrastructure Improvements Plans and the Infrastructure Improvements Construction Contract in a diligent manner and the Project Timeline. In no event shall RCP or Bliss Sports II have the right to reduce the design, scope, functionality or amenities of the Infrastructure Improvements or to amend or modify the Infrastructure Improvements Plans without the prior written approval of RCP, Bliss Sports II and the City. In no event shall the City have the right to increase the design, scope, functionality or amenities of the Infrastructure Improvements or to amend or modify the Infrastructure Improvements Plans without the prior written approval of the City, RCP and Bliss Sports II. The Parties agree that from and after the date that the City pays the Infrastructure Payment after the Infrastructure Improvement Completion Date the City shall be deemed a third-party beneficiary of all representations and warranties made to RCP by Bliss Sports II and its subcontractors and materialmen in the Infrastructure Improvements Construction Contract and subcontracts entered into by Bliss Sports II pursuant thereto as to the condition and performance after the Infrastructure Improvements Completion Date of the completed Infrastructure Improvements located on the Recreation Center Site and any other City easements or right-of-way, if any, but that otherwise the City is not a party to, or a third party beneficiary of, with any rights or obligations under, the Infrastructure Improvements Construction Contract or any subcontracts entered into pursuant thereto. The City acknowledges that except for any express warranties or representations made by RCP in this Agreement or in a document hereafter executed by RCP and delivered to the City, RCP is not now, and on the Infrastructure Improvements Completion Date will not be, making any express or implied representations as to the Infrastructure Improvements and the condition or continuing performance there...

Infrastructure Improvements. All on-site roadway, water, sewer, and stormwater improvements and any required public easements are identified on the Site Plan and will be completed by Developer.

Infrastructure Improvements. (a) As part of the Infrastructure Improvements, pursuant to the Infrastructure Improvements Construction Contract RCP shall cause Bliss Sports II to be responsible for the design, construction and completion of the Infrastructure Improvements, which shall be included within the Infrastructure Improvements Plans. (b) RCP shall make reasonable efforts to cause Bliss Sports II to make reasonable efforts to cooperate and coordinate the construction of the Infrastructure Improvements in order to (i) not unreasonably delay the construction of the Recreation Center or Stadium, and (ii) insure full compatibility of the Recreation Center, the Infrastructure Improvements and the Stadium Facilities. (c) Bliss Sports II has provided, in Exhibit E attached hereto, to RCP and the City a schedule of the completion dates for the Infrastructure Improvements, subject to Excusable Delays.

Infrastructure Improvements. 2.1. The Developer agrees to obtain and dedicate to the City such construction easements, permanent easements, rights-of-way, and/or other real property interests (collectively the “Infrastructure Property Interests”) from within and outside the Property as are reasonably requested by the City. The Developer acknowledges that the timing of such dedications and the scope and location of the Infrastructure Property Interests shall be determined by the City to best accommodate the tailoring of the Infrastructure Project for the development needs of the Project. 2.2. The Developer agrees to install sanitary sewer mains and sewer service laterals following Chapter 166 of the Code of Ordinances for the City of Dyersville. Before installation of said sanitary sewer mains and sewer service laterals, plans and specifications shall be approved by the City. 2.3. The Developer agrees to install potable water mains and water service laterals following Chapter 166 of the Code of Ordinances for the City of Dyersville. The city must approve the plans and specifications before installation. 2.4. The Developer agrees to maintain the infrastructure improvements for two (2) years from the date the City accepts them, except for provisions outlined in Section C2.3.2 of this Agreement. 2.5. The Developer agrees to provide the forgoing construction and maintenance at the sole expense of the Developer as the Property Owner, except as otherwise provided for in this Agreement. 2.6. The Developer agrees that water and sewer infrastructure improvements shall continue to the end of said property to assure that future developers or the City can connect to these infrastructure improvements outside said property. 2.7. The Developer agrees to locate and install streetlights approved by the City and to use streetlight design standards similar to those of other subdivisions within the City and provided by the electrical utility provider.

Infrastructure Improvements. The improvements on public or private property to be constructed in the Project Area or adjacent thereto, including the development of plans and specifications, designs, tests, engineering and feasibility studies and drawings therefor or repairs as proposed to be constructed by the Developer, necessary to commence construction of Vertical Improvements, described herein, including, but not limited to, paving, lighting and landscaping, water, sewer and storm drainage systems to service the Project, sewers and sewer connections, if required, roads and sidewalks in accordance with this Agreement.