Common use of Acquisition of Land for Public Improvements Clause in Contracts

Acquisition of Land for Public Improvements. Developer acknowledges that some of the public improvements required for the Project will be constructed on land that is not under the control of the Developer or the Town. Developer agrees that nothing in Government Code section 66452.5 or any other provision of State law will require the Town to waive any conditions set forth in the Project Approvals related to construction of the Project, including limitations set forth herein on the timing of construction of residential or commercial structures, nor shall Town be obligated to acquire the land for the purpose of constructing the Public Improvements. Furthermore, Developer's inability to acquire all land needed for construction of the required improvements shall not be deemed a Force Majeure event, nor shall Developer assert its inability to acquire all required land as a basis for modification of any term contained in the Collective Standards or for the termination of any of its obligations under the Collective Standards. If Town, in its sole discretion, acquires such land, Developer shall be responsible for all of Town's costs associated with such acquisition (including legal counsel and appraisal fees).