Common use of Monitoring and Oversight Clause in Contracts

Monitoring and Oversight. 18.1 The City may, upon advanced notice provided to the University, review all relevant information concerning campus development activity on the University Campus, including an inspection of any utility systems located on the University Campus, to verify that the terms of this Agreement are satisfied. The City’s requests for access for review of information and/or inspection of utility systems shall be made in advance and such entry shall be scheduled for a time reasonably convenient to the University. However, in the case of an emergency, such right of access shall be immediate. During any inspection by the City, as contemplated in this section, should the City locate and determine that there is an issue or problem with a utility system on the University Campus, the City shall notify the University in writing, in a timely manner, about the issue or problem for the University to evaluate and correct, should it also deem such repair necessary and appropriate. The University shall provide a central point of contact for all emergency and non–emergency matters as may apply to the City’s review of campus development activity and/or inspection of a relevant utility system, as contemplated in this section. For all the City’s efforts related to its inspection of utility systems on the University Campus, as contemplated by this section, the City agrees that it shall indemnify and hold harmless the University against all liability. Not less than once every twelve (12) months, University shall provide to the City campus development information which demonstrates good faith compliance with the terms of this Agreement. As used in this section, required campus development information shall consist of a statement of compliance with this Agreement; the total enrollment and total faculty, the total square footage completed for each land use for the reporting year; and over the life of this Agreement. 18.2 The University may upon request review all relevant information concerning campus development activity by the City to verify that improvements identified in Section 11.6 of this Agreement funded by the State University System Concurrency Trust Fund that address impacts of campus development have been implemented consistent with the terms and conditions of this Agreement. Not less than once every twelve (12) months, through the completion of any required improvements, the City shall provide project information to the University which demonstrates good faith compliance with the terms of this Agreement. As used in this section, required project information shall consist of a statement of compliance with this Agreement, and a report on the status of those improvements identified in Section 11.6 of this Agreement. 18.3 If either party finds that there has been a failure to comply with the terms of this Agreement, the aggrieved party shall serve notice on the other that such failure to comply has occurred in accordance with the notification requirements set forth in Section 21.0 of this Agreement. 18.4 Disputes that arise in the implementation of this Agreement shall be resolved in accordance with the provisions of Section 17.0 herein.

Monitoring and Oversight. 18.1 The City may, upon advanced notice provided to the University, review all relevant information concerning campus development activity on the University Campus, including an inspection of any utility systems located on the University Campus, to verify that the terms of this Agreement are satisfied. The City’s requests for access for review of information and/or inspection of utility systems shall be made in advance and such entry shall be scheduled for a time reasonably convenient to the University. However, in the case of an emergency, such right of access shall be immediate. During any inspection by the City, as contemplated in this section, should the City locate and determine that there is an issue or problem with a utility system on the University Campus, the City shall notify the University in writing, in a timely manner, about the issue or problem for the University to evaluate and correct, should it also deem such repair necessary and appropriate. The University shall provide a central point of contact for all emergency and non–emergency matters as may apply to the City’s review of campus development activity and/or inspection of a relevant utility system, as contemplated in this section. For all of the City’s efforts related to its inspection of utility systems on the University Campus, as contemplated by this section, the City agrees that it shall indemnify and hold harmless the University against all liability. Not less than once every twelve (12) months, University shall provide to the City campus development information which demonstrates good faith compliance with the terms of this Agreement. As used in this section, required campus development information shall consist of a statement of compliance with this Agreement; the total enrollment and total faculty, the total square footage completed for each land use for the reporting year; and over the life of this Agreement. 18.2 The University may upon request review all relevant information concerning campus development activity by the City to verify that improvements identified in Section 11.6 of this Agreement funded by the State University System Concurrency Trust Fund that address impacts of campus development have been implemented consistent with the terms and conditions of this Agreement. Not less than once every twelve (12) months, through the completion of any required improvements, the City shall provide project information to the University which demonstrates good faith compliance with the terms of this Agreement. As used in this section, required project information shall consist of a statement of compliance with this Agreement, and a report on the status of those improvements identified in Section 11.6 of this Agreement. 18.3 If either party finds that there has been a failure to comply with the terms of this Agreement, the aggrieved party shall serve notice on the other that such failure to comply has occurred in accordance with the notification requirements set forth in Section 21.0 of this Agreement. 18.4 Disputes that arise in the implementation of this Agreement shall be resolved in accordance with the provisions of Section 17.0 herein.

Monitoring and Oversight. 18.1 19.1 The City may, upon advanced notice provided to the Universityrequest, review all relevant information concerning campus development activity on the University Campus, including an inspection of any utility systems located on the University Campus, FSU campus to verify that the terms of this Agreement are satisfied. The City’s requests for access for City may review of information and/or inspection of utility systems shall be made in advance and such entry shall be scheduled for a time reasonably convenient said activity to the University. However, in the case of an emergency, such right of access shall be immediate. During any inspection by the City, as contemplated in this section, should the City locate and determine that if there is an issue or problem with a utility system on the University Campus, the City shall notify the University in writing, in a timely manner, about the issue or problem for the University to evaluate and correct, should it also deem such repair necessary and appropriate. The University shall provide a central point of contact for all emergency and non–emergency matters as may apply to the City’s review of campus development activity and/or inspection of a relevant utility system, as contemplated in this section. For all the City’s efforts related to its inspection of utility systems on the University Campus, as contemplated by this section, the City agrees that it shall indemnify and hold harmless the University against all liability. Not less than once every twelve (12) months, University shall provide to the City campus development information which demonstrates has been demonstrated good faith compliance with the terms of this Agreement. As used in this section, required campus development information shall consist of a statement of compliance with this Agreement; the total enrollment and total faculty, the total square footage completed for each land use for the reporting year; and over the life of this Agreement. 18.2 The University may 19.2 FSU may, upon request request, review all relevant information concerning campus development activity by the City to verify that improvements identified in Section 11.6 of this Agreement funded by the Agreement, for which State University System Concurrency Trust Fund that moneys are used to address impacts of campus development University development, have been implemented consistent with the terms and conditions of this Agreement. Not less than once every twelve (12) months, through the completion of any required improvements, the City shall provide project information FSU may review said activity to the University which demonstrates determine if there has been demonstrated good faith compliance with the terms of this Agreement. As used in this section, required project information shall consist of a statement of compliance with this Agreement, and a report on the status of those improvements identified in Section 11.6 of this Agreement. 18.3 19.3 If either party finds that there has been a failure to comply with the terms of this Agreement, the aggrieved party shall serve notice on the other that such failure to comply has occurred in accordance with the notification requirements set forth in Section 21.0 22.0 of this Agreement. 18.4 19.4 Disputes that arise in the implementation of this Agreement shall be resolved in accordance with the provisions of Section 17.0 herein18.0 above. 19.5 The City of Tallahassee shall notify the FSU Facilities Planning Department of all comprehensive plan future land use map and zoning map amendments as well as all Type A, B and C and site plan and development reviews within the boundaries of the FSU campus (i.e. 10 year master plan map) as defined in the adopted campus master plan. The City will notify FSU by e-mailing the agenda for the Type A and DRC meetings as well as the listing of pending zoning and comprehensive plan amendments to ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ (▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇.▇▇▇) or his assigned representative. A copy of all such requests shall be provided by the City to the Facilities Planning Department in advance of any City review or approval of an item noticed.