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CCP 03-15-2006
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CCP 03-15-2006
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3/5/2008 3:12:48 PM
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3/10/2006 3:25:07 PM
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<br />ARTICLE V <br /> <br />CONSTRUCTION OF PUBLIC, SITE <br />AND MINIMUM IMPROVEMENTS <br /> <br />Section 5.1. Construction of Public Improvements. <br /> <br />(a) Group A Public Improvements. <br /> <br />(i) City's Responsibilities. The City shall construct the portion of the Group A <br />Public Improvements for which it is responsible as indicated on Schedule E. Demolition of <br />buildings and improvements and removal of demolition debris, basements and driveways will occur <br />as soon as practicable upon the City's obtaining possession of each parcel. <br /> <br />(ii) Redeveloper's Responsibilities. The Redeveloper shall act as construction <br />manager pursuant to the Construction Management Agreement for the completion of the remaining <br />Group A Public Improvements described on Schedule E, in accordance with City specifications, on <br />the entire Redevelopment Property (including the portion thereof to be conveyed to Shennan <br />pursuant to the Sherman Agreement and the Future Development Site). The Construction <br />Management Agreement shall provide for the letting of bids in accordance with statutory bidding <br />and contracting procedures applicable to municipalities and for the approval by the City of all <br />contracts and subcontracts. Subject to Unavoidable Delays and the City's completion of its work as <br />set forth in subparagraph (i) above, the Redeveloper shall commence the remaining Group A Public <br />Improvements on Tract I by May 1,2006, on the portion of the MWA Site in Tract 2 by February <br />1,2007 and on the remaining parcels in Tract 2 as soon as practicable after the City has acquired title <br />to and possession of such parcels. The Redeveloper is granted the right to enter onto the <br />Redevelopment Property in order to perform its obligations under this subparagraph. <br /> <br />(b) Group B Public Improvements. <br /> <br />(i) City's Responsibilities. The City shall construct the portion of the Group B <br />Public Improvements for which it is responsible as indicated on Schedule E. Subject to <br />Unavoidable Delays and the Redeveloper's completion of the Group A Public bnprovements, such <br />work shall be commenced on Tract I by July 1, 2006 and on Tract 2 as soon as practicable <br />following the Closing with respect to that Tract or as soon thereafter as the lifting of winter road <br />restrictions permit. The City shall complete such work on Tract 1 by September 1, 2006, except that <br />(1) only curb, gutter and the first lift of asphalt shall be installed on any streets or roads before <br />completion of Minimum Improvements and (2) a deadline of October 1, 2006 shall apply to such <br />installation. The Redeveloper shall reimburse the City for any curb and gutter replacement made <br />necessary by the Redeveloper's activities after such installation. The parties shall agree on the <br />designation of streets as public or private and maintenance responsibilities for each. The City will <br />substantially complete the upgrades to Old Highway 8 by December 31, 2007 in accordance with <br />plans for such upgrades which have been agreed to between the parties by July 1, 2006. <br /> <br />(ii) Redeveloper's Responsibilities. The Redeveloper shall construct the Group <br />B Public Improvements for which it is responsible as indicated on Schedule E in accordance with <br />City specifications on the entire Redevelopment Property (including the portion thereof conveyed to <br /> <br />22 <br />
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