Pre-Development Work definition
Examples of Pre-Development Work in a sentence
The Term of this Agreement shall commence on the Effective Date and unless earlier terminated as provided herein, shall terminate upon on the earlier of (1) completion of the Pre-Development Work or (2) upon execution of a binding Development and Parking Replacement Reimbursement Agreement.
Prior to and as a condition precedent to commencement of the Pre-Development Work, the Tenant shall deliver to Landlord for review and approval the contracts, plans, specifications and other documents and information detailing the nature and scope of the Pre-Development Work (the “Pre-Development Work Details”) for Landlord’s review and approval, which approval may be withheld in Landlord’s sole and reasonable discretion.
Tenant shall be required to provide Landlord with a payment and performance bond naming Landlord as primary obligee directly from Tenant or its contractor in an amount of the applicable construction contract prior to commencement of construction of work and/or improvements, including, without limitation, any Pre-Development Work, within any Phase based on such Phase Plans for the applicable Phase then being constructed in accordance with the requirements set forth below.
The County expressly agrees that there is no relation of any type whatsoever , contractual or otherwise, either express or implied, between KYTC and any general contractor, materialman, subcontractor, craftsman, laborer, or any other person or entity supplying any labor, materials, or services to the Pre-Development Work or specially fabricating goods to be incorporated therein.
The Pre-Development Work shall include, but not be limited to, the following: engineering, geotechnical, architectural, design, and location reports, and any other expenses incurred by the County as a preliminary construction and feasibility costs and as further described in the Request for Qualification issued by the County dated March 8, 2023.
Tenant shall deliver copies of such bonds to Landlord within ten (10) days of receipt thereof, and in any event prior to commencement of the work and improvements, including without limitation, Pre-Development Work, for each Phase.
In no event shall this Agreement be construed to make KYTC or any agent of KYTC liable to any general contractors, subcontractors, labormen, materialmen, craftsmen, or other persons for labor, materials, or services delivered to the Pre-Development Work or goods specially fabricated for incorporation therein, or for debts or claims accruing or arising to any such persons against the County.
Notwithstanding anything in this Agreement to the contrary, KYTC hereby reserves the right to approve all aspects of the Pre-Development Work, said approval shall not be unreasonably withheld.
Tenant shall not commence any Pre-Development Work prior to obtaining Landlord’s approval of the Pre-Development Work Details.
The Recipient remains entirely responsible for its risks and liabilities in delivering the Pre-Development Work and the Funder accepts no liability for any consequences, whether direct or indirect, that may arise from the Recipient delivering the Pre-Development Work, the Recipient’s use of the Grant or any reduction, withdrawal or repayment of the Grant.