Common use of Streetscape Improvements Clause in Contracts

Streetscape Improvements. Redeveloper shall, at its cost and expense, restore the sidewalk along the north and east faces of the building to the same or substantially similar condition, at a minimum, as existed prior to commencement of construction of the New Building and replace any trees or landscaping damaged during construction of the New Building. To the extent that Redeveloper adds to the existing features in the right-of-way, including but not limited to additional landscaping areas, bioswales, and relocation of curbs (“Redeveloper Streetscape Improvements”) consistent with the Streetscape Plan included in Exhibit C, such Redeveloper Streetscape Improvements shall be constructed through the City’s Executive Order Construction process. In addition, Redeveloper agrees that it is a precondition of being reimbursed for the Redeveloper Streetscape Improvements from TIF Bond Proceeds that the contractor(s) for the Redeveloper Streetscape Improvements be selected through a public bidding process conducted by the City’s Purchasing Division. Redeveloper may be reimbursed for the cost of such improvements from the TIF Bond Proceeds as described below. In addition to the Redeveloper Streetscape Improvements, the City shall design and construct improvements to the streetscape, including but not limited to sidewalks, landscaping areas, benches, and other features for the benefit of the public throughout the Project Area including the west side of ▇▇▇▇ ▇▇▇▇▇▇ between the alley and M Street and the north side of M Street between S. 13th Street and S. 14th Street (“City Streetscape Improvements”). The City’s obligation to design and construct said The City Streetscape Improvements is limited to the amount of work that can be accomplished with a total budget of Four Hundred Thousand and No/100 Dollars ($400,000.00) to be funded from the TIF Bond Proceeds described below.

Streetscape Improvements. Redeveloper shall, at its cost and expense, restore the sidewalk along the north and east faces of the building to the same or substantially similar condition, at a minimum, as existed prior to commencement of construction of the New Building and replace any trees or landscaping damaged during construction of the New Building. To the extent that Redeveloper adds to the existing features in the right-of-way, including but not limited to additional landscaping areas, bioswales, and relocation of curbs (“Redeveloper Streetscape Improvements”) consistent with the Streetscape Plan included in Exhibit C, such Redeveloper The Streetscape Improvements shall include but not be constructed through the City’s Executive Order Construction processlimited to concrete sidewalks, pavers, trees, landscaping, landscape planters, pedestrian lighting, bollards, and other pedestrian amenities. In addition, Redeveloper agrees that it is a precondition of being reimbursed for the Redeveloper Overall conceptual plans and drawings ("Streetscape Improvements from TIF Bond Proceeds that the contractor(sDrawings") for the Redeveloper Streetscape Improvements on O Street which directly fronts the Project Site shall be selected through prepared by the Redeveloper. The Streetscape Drawings shall include the following signature block (hereinafter the " Streetscape Drawings Mayoral Approval"): "These Streetscape Drawings are in substantial conformance with the approved Schematic Drawings and are hereby approved this day of , 20 ". Two set of the Streetscape Drawings shall be submitted to the City's Urban Development Department for review and submittal of a public bidding process conducted recommendation to the Mayor. Upon receipt of the Urban Development's recommendation, the Mayor shall approve or reject the Streetscape Drawings within fourteen (14) days after receipt. If the Mayor approves the Streetscape Drawings, she will execute the Streetscape Drawings Mayoral Approval on each set of the Streetscape Drawings and return one set to the Redeveloper and one set to the Director of the Urban Development Department. If the Mayor fails to approve or reject the Streetscape Drawings within said fourteen days, the Streetscape Drawings shall be deemed to have been approved by the City’s Purchasing Division. If the Mayor rejects the Streetscape Drawings, the Mayor shall deliver to Redeveloper may written notice thereof accompanied by an explanation of the reason for rejection. If rejected, the Redeveloper shall submit revised Streetscape Drawings within fourteen (14) days after receiving the written rejection notice. Resubmitted Streetscape Drawings shall be reimbursed approved or rejected as provided for the cost original submittal. Upon approval of such improvements from the TIF Bond Proceeds as described below. In addition Streetscape Drawings, the Redeveloper shall prepare or cause to be prepared final Streetscape Construction Documents in accordance with City Design Standards and Standard Specifications which shall be submitted to the Redeveloper Streetscape Improvements, the City shall design Mayor for review and construct improvements to the streetscape, including but not limited to sidewalks, landscaping areas, benches, and other features for the benefit of the public throughout the Project Area including the west side of ▇▇▇▇ ▇▇▇▇▇▇ between the alley and M Street and the north side of M Street between S. 13th Street and S. 14th Street (“City Streetscape Improvements”). The City’s obligation to design and construct said The City Streetscape Improvements is limited to the amount of work that can be accomplished with a total budget of Four Hundred Thousand and No/100 Dollars ($400,000.00) to be funded from the TIF Bond Proceeds described belowapproval as provided above.

Streetscape Improvements. Redeveloper shall, at its cost and expense, restore the sidewalk along the north and east faces of the building to the same or substantially similar condition, at a minimum, as existed prior to commencement of construction of the New Building and replace any trees or landscaping damaged during construction of the New Building. To the extent that Redeveloper adds to the existing features in the right-of-way, including but not limited to additional landscaping areas, bioswales, and relocation of curbs (“Redeveloper Streetscape Improvements”) consistent with the Streetscape Plan included in Exhibit C, such Redeveloper Streetscape Improvements shall be designed and constructed through the City’s Executive Order Construction process. In addition, Redeveloper agrees that it is a precondition of being reimbursed for the Redeveloper Streetscape Improvements from TIF Bond Proceeds that the contractor(s) for the Redeveloper Streetscape Improvements be selected through a public bidding process conducted by the City’s Purchasing Division. Redeveloper may be reimbursed for Redevelopers and shall consist of reconstructing a planting area immediately west of the cost of such improvements ▇▇▇▇▇▇▇ Hotel and Lincoln Commercial Club Building that separates the diagonal parking from the TIF Bond Proceeds as described below. In addition east-west alley, redesign and construction of sidewalks, curbs adjacent to the Redeveloper Streetscape Improvements, the City shall design and construct improvements to the streetscape, including but not limited to sidewalks, landscaping areas, benchesProject Site along 11th Street, and installation of pedestrian lights, protective bollards and other streetscape features for and amenities in the benefit of the public throughout the Project Area including the west side of ▇▇▇▇ ▇▇▇▇▇▇ between right of way adjacent to the alley Project Site. Prior to commencing construction of the Streetscape Improvements, overall plans and M Street and the north side of M Street between S. 13th Street and S. 14th Street drawings (“City Streetscape ImprovementsDrawings”)) for the Streetscape Improvements which directly front the Project Site shall be prepared by Architect on behalf of the Redevelopers. The Streetscape Drawings shall include the following signature block (hereinafter the “Streetscape Drawings Mayoral Approval”): “These Streetscape Drawings are in substantial conformance with the approved Project Schematic Drawings and are hereby approved this day of , 20 ”. ▇▇▇▇▇ ▇▇▇▇▇▇▇, Mayor of the City of Lincoln Two set of the Streetscape Drawings shall be submitted to the City’s obligation to design Urban Development Department for review and construct said The City Streetscape Improvements is limited submittal of a recommendation to the amount Mayor. Upon receipt of work that can be accomplished with a total budget the Urban Development’s recommendation, the Mayor shall approve or reject the Streetscape Drawings within fourteen (14) days after receipt. If the Mayor approves the Streetscape Drawings, he will execute the Streetscape Drawings Mayoral Approval on each set of Four Hundred Thousand the Streetscape Drawings and No/100 Dollars ($400,000.00) return one set to be funded from the TIF Bond Proceeds described below.Architect and one set to the Director of the Urban Development Department. If the Mayor rejects the Streetscape Drawings, the Mayor shall deliver to the Architect written notice thereof accompanied by an explanation of the reason for rejection. If rejected, the Architect shall submit revised Streetscape Drawings within fourteen

Streetscape Improvements. Redeveloper shall, at its cost and expense, restore the sidewalk along the north and east faces of the building to the same or substantially similar condition, at a minimum, as existed prior to commencement of construction of the New Building and replace any trees or landscaping damaged during construction of the New Building. To the extent that Redeveloper adds to the existing features in the right-of-way, including but not limited to additional landscaping areas, bioswales, and relocation of curbs (“Redeveloper Streetscape Improvements”) consistent with the Streetscape Plan included in Exhibit C, such Redeveloper The Streetscape Improvements shall include but not be constructed through the City’s Executive Order Construction processlimited to concrete sidewalks, pavers, trees, landscaping, landscape planters, pedestrian lighting, bollards, and other pedestrian amenities. In addition, Redeveloper agrees that it is a precondition of being reimbursed for the Redeveloper Overall conceptual plans and drawings (“Streetscape Improvements from TIF Bond Proceeds that the contractor(sDrawings”) for the Redeveloper Streetscape Improvements on O Street which directly fronts the Project Site shall be selected through a public bidding process conducted prepared by the City’s Purchasing DivisionRedeveloper. Redeveloper may be reimbursed for The Streetscape Drawings shall include the cost following signature block (hereinafter the “Streetscape Drawings Mayoral Approval”): “These Streetscape Drawings are in substantial conformance with the approved Schematic Drawings and are hereby approved this day of such improvements from the TIF Bond Proceeds as described below, 20 ”. In addition to the Redeveloper Streetscape Improvements, the City shall design and construct improvements to the streetscape, including but not limited to sidewalks, landscaping areas, benches, and other features for the benefit of the public throughout the Project Area including the west side of ▇▇▇▇▇ ▇▇▇▇▇▇ between ▇▇, Mayor of the alley City of Lincoln Two set of the Streetscape Drawings shall be submitted to the City’s Urban Development Department for review and M Street submittal of a recommendation to the Mayor. Upon receipt of the Urban Development’s recommendation, the Mayor shall approve or reject the Streetscape Drawings within fourteen (14) days after receipt. If the Mayor approves the Streetscape Drawings, he will execute the Streetscape Drawings Mayoral Approval on each set of the Streetscape Drawings and return one set to the north side Redeveloper and one set to the Director of M Street between S. 13th Street the Urban Development Department. If the Mayor fails to approve or reject the Streetscape Drawings within said fourteen days, the Streetscape Drawings shall be deemed to have been approved by the City. If the Mayor rejects the Streetscape Drawings, the Mayor shall deliver to Redeveloper written notice thereof accompanied by an explanation of the reason for rejection. If rejected, the Redeveloper shall submit revised Streetscape Drawings within fourteen (14) days after receiving the written rejection notice. Resubmitted Streetscape Drawings shall be approved or rejected as provided for the original submittal. Upon approval of the Streetscape Drawings, the Redeveloper shall prepare or cause to be prepared final Streetscape Construction Documents in accordance with City Design Standards and S. 14th Street (“City Streetscape Improvements”)Standard Specifications which shall be submitted to the Mayor for review and approval as provided above. The Streetscape Improvements shall be competitively bid through the City’s obligation to design and construct said The City Streetscape Improvements is limited Purchasing Division or by the Redeveloper pursuant to the amount of work that can be accomplished with a total budget of Four Hundred Thousand and No/100 Dollars ($400,000.00) to be funded from the TIF Bond Proceeds described below.Redeveloper Bidding Procedures attached hereto as Exhibit G.

Streetscape Improvements. Redeveloper shall, at its cost design, reconfigure, and expenseconstruct accordingly street improvements, restore the sidewalk along the north and east faces on-street parking, sidewalks, curbs, a portion of the building to “N” Street protected bike lane, street lighting, pedestrian lighting, street trees, landscape, planters, irrigation, and other features (collectively “Streetscape Improvements”) in the same or substantially similar condition, at public right- of-way in a minimum, manner consistent with the schematic drawings attached hereto as existed prior to commencement of construction of the New Building and replace any trees or landscaping damaged during construction of the New Building. To the extent that Redeveloper adds to the existing features Exhibit I in the right-of-way locations shaded on the Block Face Streetscape Improvements Map attached hereto as Exhibit J; provided that, the City, at its expense, working with Lincoln Electric System (“LES”), shall be responsible for (i) the design and construction of Block Face 19 B and 20 B; (ii) removal of the former driveways and sidewalk along “N” Street and construction of the replacement sidewalks, curbs and stormwater improvements within the “N” Street right-of-way, including but not limited and (iii) construction of new driveway and driveway curb cut on S. ▇▇▇▇ ▇▇▇▇▇▇; and further provided that EADO shall be responsible for the design and construction of any irrigation systems, planters and benches necessary to additional landscaping areas, bioswales, and relocation of curbs (“Redeveloper Streetscape Improvements”) consistent with support the Streetscape Plan included in Exhibit CImprovements associated with Block Faces 19 B and 20 B, such Redeveloper subject to reimbursement as a Streetscape Improvements shall be constructed through the City’s Executive Order Construction process. In addition, Redeveloper agrees that it is a precondition of being reimbursed for the Redeveloper Streetscape Improvements from TIF Bond Proceeds that the contractor(s) for the Redeveloper Streetscape Improvements be selected through a public bidding process conducted by the City’s Purchasing Division. Redeveloper may be reimbursed for the cost of such improvements from the Enhancement with available TIF Bond Proceeds as described belowset forth in this Redevelopment Agreement. In addition to the Redeveloper Streetscape Improvements, the City shall The design and construct improvements to the streetscape, including but not limited to sidewalks, landscaping areas, benches, and other features for the benefit construction of said Streetscape Improvements are in the public throughout the Project Area including the west side right of ways for 20th Street, “M” Street, “N” Street, “O” Street and ▇▇▇▇ ▇▇▇▇▇▇ between the alley and M Street and the north side public access easement described in the “M” Street Mutual Access Easement. That portion of M Street between S. 13th Street and S. 14th Street (“City Streetscape Improvements”). The Citythe Redeveloper’s obligation to design and construct said The City block face Streetscape Improvements is limited to that abuts a Private Improvement building will be completed within ninety (90) days (weather permitting) after completion of the amount Private Improvement building. Any remaining Redeveloper’s block faces or portion of work block face that can does not abut a Private Improvement building will be accomplished with a total budget of Four Hundred Thousand and No/100 Dollars ($400,000.00) to be funded from the TIF Bond Proceeds described belowcompleted by December 31, 2021.