Common use of Excess Improvements/Upsizing Clause in Contracts

Excess Improvements/Upsizing. Any infrastructure requested by the Developer, or required by the Development shall be the responsibility of the Developer. The City and Holdings acknowledge and agree that, as a part of the Capital Facilities Plan, certain portions of the infrastructure improvements shown on the Capital Facilities Plan (including both On and Off-site Infrastructure) (collectively, the “Excess Improvements”) may need to be enlarged, increased or otherwise “upsized” or upgraded at the request of the City or other responsible provider to serve, directly or indirectly, developments or future developments on land areas outside of the Project’s boundaries or owned by parties other than Property Owners (collectively, the “Benefitted Property”). In recognition of the foregoing, and as a material inducement to the execution of this MDA by Holdings:

Excess Improvements/Upsizing. Any infrastructure requested by the Developer, or required by the Development shall be the responsibility of the Developer. The City and Holdings acknowledge and agree that, as a part of the Capital Facilities Plan, certain portions of the infrastructure improvements shown on the Capital Facilities Plan (including both On and Off-site Infrastructure) (collectively, the “Excess Improvements”) may need to be enlarged, increased or otherwise “upsized” or upgraded at the request of the City or other responsible provider to serve, directly or indirectly, developments or future developments on land areas outside of the Project’s boundaries or owned by parties other than Property Owners (collectively, the “Benefitted Property”). In recognition of the foregoing, and as a material inducement to the execution of this MDA Agreement by Holdings: