G-1, I-1 - Amended Development Agreement - DERS Development

request reasonable changes in such documents, to ensure compliance with this Agreement and any applicable ordinances or regulations. The City shall retain all rights to inspect the Public Infrastructure Project –– Phase I and Phase I Alternates for quality of work and full compliance with City Code. Costs of inspections of the Public Infrastructure Project –– Phase I and Phase I Alternates shall be paid by the City, and the City shall be reimbursed by the Developer for such costs within thirty (30) days of receipt by the Developer of notification from the City that such inspections have been completed. Nothing in this subsection shall be interpreted as limiting the City’s rights to not accept the workif the Public Infrastructure Project –– Phase I and Phase I Alternates is not completed to the satisfaction of the City, as determined ty the City staff. Upon completion of the Public Infrastructure Project –– Phase I and Phase I Alternates, provided that (i) such improvements are of the type ordinarily dedicated to the City; (ii) the City confirms to the Developer in writing that such completed improvements meet City requirements; and (iii) the City accepts such Public Infrastructure Project –– Phase I and Phase I Alternates in accordance with State law, the Developer will provide the City with either a deed or permanent easement to the improvements and related right-of-way comprising the Public Infrastructure Project –– Phase I and Phase I Alternates, which shall thereafter be maintained by the City. Furthermore, upon completion of the Public Infrastructure Project –– Phase I and Phase I Alternates, the Developer agrees to provide documentation, in such form as may be requested by the City, of the costs incurred in the completion thereof (the “Infrastructure Costs”). Such costs may include all infrastructure-related land acquisition costs, cost of designing and constructing the Public Infrastructure Project –– Phase I and Phase I Alternates, landscaping and grading all land for the Public Infrastructure Project –– Phase I and Phase I Alternates, interest expense and other costs of financing, and other reasonably related costs of carrying out the Public Infrastructure Project –– Phase I and Phase I Alternates, including legal fees as provided for in this Agreement. Each documentation of the Infrastructure Costs made under this Section will be accompanied by invoices, and such other documentation as is reasonably requested by the City, confirming that the costs detailed in such documentation were in fact incurred in the installation of the Public Infrastructure Project –– Phase I and Phase I Alternates and that such costs are of an amount reasonably to have been expected with respect to such installation. Upon acceptance of such demonstrated costs, the City shall record a summary of the date, amount and nature of the costs on the A summary of Accepted Infrastructure Costs is attached hereto as Exhibit F, and such summary shall be the official record of the Infrastructure Costs for purposes of tallying the maximum amount of Payments (as hereinafter defined) allowed to the Developer under this Agreement. 3. Property Taxes. The Developer agrees to ensure timely payment of all property taxes as they come due with respect to the Property, titled in Developer’s name, with the completed Commercial Development Project thereon throughout the Term, as hereinafter defined, and to submit receipts, cancelled checks or certification based on public records as evidence of each such payment. Developer shall also certify to the payment or nonpayment of taxes on the remainder of the Property regardless of ownership or responsibility for payment of the property taxes. -3-