Agreement - Public Improvements for 201 S. Main St. (Barnes and Thornburg Building) - Bald Mountain, LLC.

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facilitate storm water overflow, which connection requires additional penetration into the R.O.W. by Owner; and WHEREAS, upon the completion of its temporary occupancy and use of the relevant R.O.W., Owner intends to cause the Commission to repair and/or replace the sidewalks, trails, curbs, lighting, landscaping, trees, brick pavers, and drive approaches, and patch the roadway in the R.O.W. ("Public Improvements") pursuant to the Development Agreement and as outlined in the plan sheets contained in Exhibit A, and WHEREAS, Owner's contractor has provided a cost estimate related to the repairs required to complete the Public Improvements, which estimate is attached and incorporated herein as Exhibit B, and WHEREAS, the Owner has petitioned the Board for long-term occupancy and partial long-term closure of the R.O.W. in order to facilitate the Project as described herein, and the Board has agreed to grant Owner's petition under the terms and conditions set forth below. NOW, THEREFORE, in consideration of the obligations, terms and conditions contained herein, and the above recitals which are incorporated into this Agreement, the adequacy of which consideration the parties expressly acknowledge, Owner and the City agree as follows: 1. Construction of Public Improvements. The Owner has provided the City with Exhibit A, which depicts the Public Improvements (together with a cost estimate relative to the Public Improvements attched as Exhibit B), the receipt of which the City acknowledges. The Owner shall work with the Commission to bid the Public Improvements in accordance with the Development Agreement.