Common use of Infrastructure Improvements Cost Clause in Contracts

Infrastructure Improvements Cost. Attached hereto as Exhibit I is an estimate of the Infrastructure Improvement Costs, which the parties agree represents a good faith estimate of fair market value costs to be incurred in connection with the completion of the Infrastructure. The parties agree that the elements listed on Exhibit I constitute valid elements to be included in the Infrastructure Improvement Costs hereunder, and that the methods, per unit cost, and quantities used represent reasonable estimates based on information received by the respective parties to date. Without limiting any reporting requirements that Bliss Sports II may have to RCP under other written agreements, within ten (10) days after the completion of the Infrastructure Improvements as determined in accordance with Section 10.01. Bliss Sports II shall provide on a monthly basis to RCP and the City copies of those of Bliss Sports II’s books and records which evidence out of pocket costs incurred and payments made by Bliss Sports II which constitute the Infrastructure Improvements Cost, and substantiation of actual costs incurred and payments made. Without limitation, soft costs included in the Infrastructure Improvements Cost include interest carry costs incurred in financing such costs, loan origination fees, compliance costs, engineering and architectural fees, legal fees and other professional services costs attributable to the zoning, platting, plan approval and permitting of the Recreation Center Site and the Infrastructure Improvements and to the negotiation of this Agreement, the Purchase Agreement and the Infrastructure Improvements Construction Contract. To the extent that third party fees pertain to work performed with respect to the Recreation Center Site, the portions of the Stadium Site upon which Infrastructure Improvements are located and other portions of the Property, such monthly reports and final, complete accounting shall show the allocation of the out of pocket costs and payments for the Infrastructure Improvements between those located on the Stadium Site and those located on the Property outside of the Stadium Site, which, unless agreed otherwise in the Infrastructure Improvements Construction Contract will be split based on the relative acreages of (a) Recreation Center Site, and (b) the Stadium Site.

Infrastructure Improvements Cost. Attached hereto as Exhibit I is an estimate of the Infrastructure Improvement Costs, which the parties agree represents a good faith estimate of fair market value costs to be incurred in connection with the completion of the Infrastructure. The parties agree that the elements listed on Exhibit I constitute valid elements to be included in the Infrastructure Improvement Costs hereunder, and that the methods, per unit cost, and quantities used represent reasonable estimates based on information received by the respective parties to date. Without limiting any reporting requirements that Bliss Sports II may have to RCP under other written agreements, within ten (10) days after the completion of the Infrastructure Improvements as determined in accordance with Section 10.01. ., Bliss Sports II shall provide on a monthly basis to RCP and the City copies of those of Bliss Sports II’s books and records which evidence out of pocket costs incurred and payments made by Bliss Sports II which constitute the Infrastructure Improvements CostCostCosts, and substantiation of actual costs incurred and payments made. Without limitation, soft costs included in the Infrastructure Improvements Cost include interest carry costs incurred in financing such costs, loan origination fees, compliance costs, engineering and architectural fees, legal fees and other professional services costs attributable to the zoning, platting, plan approval and permitting of the Recreation Center Site and the Infrastructure Improvements and to the negotiation of this Agreement, the Purchase Agreement and the Infrastructure Improvements Construction Contract. To the extent that third party fees pertain to work performed with respect to the Recreation Center Site, the portions of the Stadium Site upon which Infrastructure Improvements are located and other portions of the Property, such monthly reports and final, complete accounting shall show the allocation of the out of pocket costs and payments for the Infrastructure Improvements between those located on the Stadium Site and those located on the Property outside of the Stadium Site, which, unless agreed otherwise in the Infrastructure Improvements Construction Contract will be split based on the relative acreages of (a) Recreation Center Site, and (b) the Stadium Site.and

Infrastructure Improvements Cost. Attached hereto as Exhibit I is an estimate of the Infrastructure Improvement Costs, which the parties agree represents a good faith estimate of fair market value costs to be incurred in connection with the completion of the Infrastructure. The parties agree that the elements listed on Exhibit I constitute valid elements to be included in the Infrastructure Improvement Costs hereunder, and that the methods, per unit cost, and quantities used represent reasonable estimates based on information received by the respective parties to date. Without limiting any reporting requirements that Bliss Sports II may have to RCP under other written agreements, within ten (10) days after the completion of the Infrastructure Improvements as determined in accordance with Section 10.01. , Bliss Sports II shall provide on a monthly basis to RCP and the City copies of those of Bliss Sports II’s books and records which evidence out of pocket costs incurred and payments made by Bliss Sports II which constitute the Infrastructure Improvements CostCosts, and substantiation of actual costs incurred and payments made. Without limitation, soft costs included in the Infrastructure Improvements Cost include interest carry costs incurred in financing such costs, loan origination fees, compliance costs, engineering and architectural fees, legal fees and other professional services costs attributable to the zoning, platting, plan approval and permitting of the Recreation Center Site and the Infrastructure Improvements and to the negotiation of this Agreement, the Purchase Agreement and the Infrastructure Improvements Construction Contract. To the extent that third party fees pertain to work performed with respect to the Recreation Center Site, the portions of the Stadium Site upon which Infrastructure Improvements are located and other portions of the Property, such monthly reports and final, complete accounting shall show the allocation of the out of pocket costs and payments for the Infrastructure Improvements between those located on the Stadium Site and those located on the Property outside of the Stadium Site, which, unless agreed otherwise in the Infrastructure Improvements Construction Contract will be split based on the relative acreages of (a) Recreation Center Site, and (b) the Stadium Site.. The bond required under KSA 60-1111 will be furnished by Bliss Sports II. ARTICLE XII

Infrastructure Improvements Cost. Attached hereto as Exhibit I is an estimate of the Infrastructure Improvement Costs, which the parties agree represents a good faith estimate of fair market value costs to be incurred in connection with the completion of the Infrastructure. The parties agree that the elements listed on Exhibit I constitute valid elements to be included in the Infrastructure Improvement Costs hereunder, and that the methods, per unit cost, and quantities used represent reasonable estimates based on information received by the respective parties to date. Without limiting any reporting requirements that Bliss Sports II may have to RCP under other written agreements, within ten (10) days after the completion of the Infrastructure Improvements as determined in accordance with Section 10.01. Bliss Sports II shall provide on a monthly basis to RCP and the City copies of those of Bliss Sports II’s books and records which evidence out of pocket costs incurred and payments made by Bliss Sports II which constitute a portion of the Infrastructure Improvements Cost, and substantiation of actual costs incurred and payments mademade on a monthly basis and shall also provide to RCP and the City a complete accounting of such out of pocket costs and payments within ten (10) days after the completion of the Infrastructure Improvements as determined in accordance with Section 10.01. Without limitation, soft costs included in the Infrastructure Improvements Cost include interest carry costs incurred in financing such costs, loan origination fees, compliance costs, engineering and architectural fees, legal fees and other professional services costs attributable to the zoning, platting, plan approval and permitting of the Recreation Center Site, the Infrastructure Site and the Infrastructure Improvements and to the negotiation of this Agreement, the Purchase Agreement and the Infrastructure Improvements Construction Contract. To the extent that third party fees pertain to work performed with respect to the Recreation Center Site, the Infrastructure Site, the portions of the Stadium Site upon which Infrastructure Improvements are located and other portions of the Property, such monthly reports and final, complete accounting shall show the allocation of the out of pocket costs and payments for the Infrastructure Improvements between those located on the Stadium Site and those located on the Property outside of the Stadium Site, which, unless agreed otherwise in the Infrastructure Improvements Construction Contract will be split based on the relative acreages of (a) Recreation Center Site, Site and (b) the Stadium Site.

Infrastructure Improvements Cost. Attached hereto as Exhibit I is an estimate of the Infrastructure Improvement Costs, which the parties agree represents a good faith estimate of fair market value costs to be incurred in connection with the completion of the Infrastructure. The parties agree that the elements listed on Exhibit I constitute valid elements to be included in the Infrastructure Improvement Costs hereunder, and that the methods, per unit cost, and quantities used represent reasonable estimates based on information received by the respective parties to date. Without limiting any reporting requirements that Bliss Sports II may have to RCP under other written agreements, within ten (10) days after the completion of the Infrastructure Improvements as determined in accordance with Section 10.01. Bliss Sports II shall provide on a monthly basis to RCP and the City copies of those of Bliss Sports II’s books and records which evidence out of pocket costs incurred and payments made by Bliss Sports II which constitute a portion of the Infrastructure Improvements Cost, and substantiation of actual costs incurred and payments mademade on a monthly basis and shall also provide to RCP and the City a complete accounting of such out of pocket costs and payments within ten (10) days after the completion of the Infrastructure Improvements as determined in accordance with Section 10.01. Without limitation, soft costs included in the Infrastructure Improvements Cost include interest carry costs incurred in financing such costs, loan origination fees, compliance costs, engineering and architectural fees, legal fees and other professional services costs attributable to the zoning, platting, plan approval and permitting of the Recreation InfrastructureRecreation Center Site and the Infrastructure Improvements and to the negotiation of this Agreement, the Purchase Agreement and the Infrastructure Improvements Construction Contract. To the extent that third party fees pertain to work performed with respect to the Recreation InfrastructureRecreation Center Site, the portions of the Stadium Site upon which Infrastructure Improvements are located and other portions of the Property, such monthly reports and final, complete accounting shall show the allocation of the out of pocket costs and payments for the Infrastructure Improvements between those located on the Stadium Site and those located on the Property outside of the Stadium Site, which, unless agreed otherwise in the Infrastructure Improvements Construction Contract will be split based on the relative acreages of (a) Recreation Center Site, and (b) the Stadium Site.