Phase 2 Improvements definition
Examples of Phase 2 Improvements in a sentence
The Developer shall not be responsible for any increases in costs (i) solely attributable to a delay in meeting the time frames, as compared to the approved Phase 1 Schedule, attributable to County inactions, actions and approvals in its capacity as an owner of the Property; and (ii) associated with or resulting from legal action to challenge any County, City or other governmental approval of the Entitlements or the Phase 2 Improvements.
Prior to the Final Approval of Phase 1, the Board, in its sole and absolute discretion, shall determine the amount of the County’s maximum contribution to the Phase 2 Improvements (“County’s Maximum Phase 2 Costs”).
At the same time Developer is required to submit the Phase 2 Business Plan, Developer shall prepare and submit to the County a schedule for the design, plan check, permitting, construction and completion of the Phase 2 Improvements and the Final Map (the “Phase 2 Schedule”).
Such cost estimates shall be updated as required to account for material changes in design in order to confirm that the Phase 2 Improvements can be completed within the Phase 2 Budget.
Following completion of the Phase 2 Improvements for the portion of the Master Ground Lease Parcel identified in the applicable Acquisition Notice, Developer Party shall have the right to enter into a Ground Lease in accordance with the takedown plan specified in the Phase 2 Business Plan.
Execution of the Master Ground Lease but Prior to Completion of the Phase 2 Improvements.
At the same time Developer is required to submit the Phase 2 Business Plan, Developer shall prepare and submit to the County an estimated budget for the physical construction costs of the Phase 2 Improvements (“Phase 2 Budget”) for review and approval by the Project Lead.
In addition, no later than twenty five (25) business days following the Final Approval of the Entitlements, Developer shall submit an updated ▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇ Budget and Phase 2 Schedule for the Phase 2 Improvements to the Project Lead for approval.
Thereafter, if the Board terminates the Agreement prior to completion of the Phase 2 Improvements, and Developer is not then in default of the DDA or the Master Ground Lease, the following are Developer’s sole and exclusive remedies.
Unless otherwise terminated pursuant to the terms of this Agreement, this Agreement shall terminate following completion of the Phase 2 Improvements.