Common use of Infrastructure Improvements Clause in Contracts

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 thereof.

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 Kings Construction Co., Inc.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 manner. Subject to Section 4.02, in 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 thereof.