Common use of Wainscott Infrastructure Improvements Clause in Contracts

Wainscott Infrastructure Improvements. (a) Developer will fund the burial of the existing overhead utility (electric distribution, telephone, internet and cable) lines (“Overhead Utility Lines”) and removal the poles located along Beach Lane and portions of ▇▇▇▇▇▇▇▇▇ Main Street from Wainscott Hollow Road to ▇▇▇▇▇’▇ Path, as shown in Appendix A (the “Improvement Corridor”) as set forth in this Section 2.5. (b) Developer will contract directly with PSEG Long Island and/or LIPA to bury the existing Overhead Utility Lines and remove the poles identified along that portion of the Improvement Corridor identified in Appendix A as “Developer’s Improvement Area.” (c) Developer will reimburse the Town for its reasonable and documented costs incurred in connection with PSEG Long Island’s and/or LIPA’s burial of the existing Overhead Utility Lines and pole removal along that portion of the Improvement Corridor identified in Appendix A as “Town’s Improvement Area.” The Town will be responsible for managing such burial work in the Town’s Improvement Area and will nominate a project manager to oversee such work. Developer will reimburse the Town, from time to time, for the cost of such project manager, up to a maximum of $250,000. (d) Prior to the commencement of the burial of the Overhead Utility Lines in the Improvement Corridor, the Town shall make a one-time offer to the owners of residences whose residential utility connections are not buried and directly connected to poles located along the Improvement Corridor. If the owners of such residences provide the Town’s project manager written consent to such burial without stipulations or conditions prior to the commencement of the burial of the Overhead Utility Lines in the Town’s Improvement Area, Developer will reimburse the Town for its documented costs incurred in connection with the burial of utility connections to such residences located along the Improvement Area. (e) The Town shall begin executing the burial of the Overhead Utility Lines within the Town’s Improvement Area after receiving a written notice to proceed from Developer. Developer will issue such notice to proceed after the initial funding of the Project Financing. Developer and the Town will cooperate with PSEG Long Island and/or LIPA to complete such work prior to Developer’s start of onshore construction. If PSEG Long Island and LIPA are unable to complete such work prior to Developer’s start of onshore construction, the Town will require that PSEG Long Island and LIPA suspend their operations until such time as Developer has completed its onshore construction. (f) As a condition to Developer’s obligation to reimburse the Town as set forth in subsection above, the Town shall cooperate with Developer, PSEG Long Island and/or LIPA to provide any information, permits, easements, rights-of-way or other consents and approvals that may be desired or necessary to execute the utility burial work within the Improvement Corridor. (g) Upon request, the Town shall make available to Developer information that is in the possession of the Town and is necessary in order for Developer to verify the costs incurred by the Town for which it is requesting reimbursement. (h) The time of year work restrictions set forth in Section 3.1 will not apply to the work contemplated by this Section 2.5.