Restoration or Additional Contribution. At the times set forth on the Schedule of Performance, the Developer shall, as directed by the City in its sole discretion by its written notice to the Developer, either: (i) restore the Remaining City Property to the current surface parking use (with the exception of any City Town Square Improvements installed pursuant to Section 6.5.3, below) as City may reasonably direct to repair or restore the area to a condition substantially similar to its condition prior to the temporary use (including without limitation repairing pavement, repairing any damage to drainage facilities, repairing or revising striping for parking spaces and driving lanes based on a parking layout fitting the Remaining City Property, and repairing or replacing damaged lights, parking meters and signs); or (ii) if the City in its sole discretion has decided to proceed with the City Town Square Project promptly after Project completion, deliver the Remaining City Property in an unrestored but clean condition appropriate for future construction and increase the Town Square Contribution by the mutually agreed reasonable estimated cost if Developer had been required to perform the surface lot restoration work described in clause (i) less the actual hard and soft costs of delivering the surface ready for the City Town Square Project pursuant to this clause (ii). The Parties will cooperate in good faith to document, including photo documentation, an assessment of the condition of the Remaining City Property prior to initiation of the temporary use. The Developer will consult with the City on transferring any construction fence rental agreement to the City or facilitating the City entering into a separate rental agreement to retain the construction fencing, in the City’s sole discretion. If Developer fails to perform the work necessary, City may but is not obligated to perform such work and Developer thereafter shall promptly reimburse City its costs and expenses, including attorney’s fees.
