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~ 1) County Facilities - Approximately 102,310 Usable Square Feet conveyed to <br />` County for office use together with 218 pazldng spaces. <br />I~ . <br />(2) Transit Facilities - Approximately 25,029 Usable Square Feet conveyed to <br />Transit for o~ce use together with 40 pazking spaces and approximately 66,824 <br />( i gross square feet of area containing the transit mall and associated improvements. <br />i~ <br />(iu) Compensation for Conveyance of Condominium Units. A Unit Owner shall pay no <br />- compensation to the Declarant for conveyance of its respective Unit except for payments due <br />r~ from each Party under this.Agreement for Project Costs, as described~in Section 4.3.. <br />t <br />(iv) Management, Operation, Maintenance and Repair oi Property. The Condominium <br />~+ Documents shall govern manage~nt and operation of the Projoct. The Bylaws shall describe <br />~ the initial and continuing financial obligations ~of each Unit owner and their respective <br />responsibilities for properiy management, security, parking, access and maintenance and <br />repair of common elements.. <br />~ SECTION 3. PR~PARATION OF LAND FOR DEVELOPMENT ~ <br />~ 3.1 Utility Service. Water, electricity, gas, sanitary sewer and storm sewer service to ffie perimeter <br />of the Property currently eusts. <br />3.2 Property Unoccupied. The Property is unoccupied. The Parties covenant and agree to keep <br />~ the Property unoccupied during construction except as otherwise agreed by the Review Committee. <br />The costs of terminating any occupancy and relocating tenants shall be born by the Pazty causing or <br />permitting such occupation. <br />~ 3.3 Permits. The Parties agree to cooperate with one another and with the Project Manager and <br />to use diligent, good faith efforts in assisting Project Manager in obtaining all permits and approvals <br />necessary for the construction of the Projxt Improvements. <br />~ SECTION 4. DEVELOPMENT OF PROPERTY - <br />4.1 Project Completion; Modi6cations to Sc~ope of Developmenk <br />~ ( i) Completion. Subject to terms and conditions of this Agreement, the Parties hereby <br />L~ " covenant .and to co lete the develo ment of the Pro throu the construction of <br />the Project Im~r vo ements~thereon, in accordance with the P~lans and o comply with the <br />(;~j Schedule of Performance. <br />u <br />(ri) Scope. The Plans may be changed or modified in such manner and to such eztent as <br />may be agreed npon in writing by the Parties. However, in no event may either Pazty take <br />~~ any action, without the wntten consent of the other Party, to cause a change in the Design <br />Development Drawings, Plans or the Final Constiuction Plans and Specifications wluch would <br />result in the other Party's Respective Share of the Project Budget to exceeding the amount of <br />` 1 the iimit specified in Secxion 2.1(i) or (ii), above. <br />`'f 4.2 Pro'ect Man er and the Pro'ect Mana ement A menk The Parties have entered into <br />J ~ J g ~ <br />the Project Management Agreement with the Project Manager, the terms of which aze hereby <br />acknowledged. No Party shall be liable for the payment of any portion of the Project Manager's <br />~.,~ ~ compensation required to be paid by another Pazty. The Project Manager's compensation under the <br />Project Management Agreement and, except as may be otherwise negotiated and agreed by the <br />Parties, under Addenda thereto shall be a Project Cost to be paid by the Parties according to their <br />~ i Respective Share as provided in Section 4.3. <br />Courthouse Square <br />Development Agreement <br />-Page-9 <br />l! <br />