R2018-51 Authorizing Redevelopment Agreement Love's Travel Stops & Country Stores, Inc.

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"plans"may be necessary up to the point of project award and shall be made upon mutual written consent by Love's and the City.The City shall obtain any permits, licenses and approvals required for performance of the Work(collectively, the"Approvals")to improve County Fair Drive. Love's shall cooperate with the City in its efforts to obtain the Approvals to the extent Love's involvement is required. 2. CONSTRUCTION OBLIGATIONS. 2.1 Completion of Work.The City(or its employees, agents,contractors, or representatives,as applicable)shall construct, install, and complete the Work pursuant to the plans on or before December 31,2018. After September 1,2018,under no circumstances shall the City be obligated to temporarily cease or modify its performance of the Work,to accommodate Love's construction. All portions of the Work, as well as Love's obligations hereunder,shall be performed and completed in a good and workmanlike manner and in compliance with all applicable laws,rules, ordinances,regulations, codes and other requirements of any governmental agency having authority or jurisdiction over the same. Failure by either party to perform and complete the work contemplated in this section shall constitute default under the terms of this Agreement. Both parties will make reasonable accommodations for access to work sites. 2.2 Coordination/Cooperation. The parties shall meet for a pre-construction conference prior to either party commencing work at the site, at which conference the parties shall: determine the construction schedule, including sequence of critical work; and each shall identify a field supervisor, who shall be responsible for running the respective projects on a daily basis, and communicating any necessary changes in the sequence of the critical work. 2.3 Damage to the Work.Love's shall be responsible for repairs of all Work performed by the City that is damaged by Love's, its employees, agents, contractors, or representatives,as a part of the construction of the Love's Travel Stop. These repairs shall be at no additional cost to the City. 2.4 Force Maieure.Neither party shall be responsible to the other for any failure, delay, or interruption of construction or failure or delay in the performance of any obligation under this Agreement due to strikes,walk-outs, acts of God(including severe weather),governmental restrictions, enemy action, civil insurrection,unavoidable casualty, or other similar act beyond the reasonable control of the party. 2.5 Sianalization. It is mutually agreed that the construction of the Love's Travel Stop &Country Store will increase traffic and turning movements at the intersections of Illinois 121 and County Fair Drive.The location currently does not meet the warrants required to install traffic signals based on available data. Both the City and the Illinois Department of Transportation will continue to monitor the intersection for an increase in accidents and changes in traffic patterns. If this occurs,signal warrants will again be reviewed. At that time, if warrants are met at this intersection for traffic that is directly attributable to the Love's Travel Stop and City or IDOT engineering judgment determines there is a need for signals,the signals and all other necessary roadway improvements shall be installed in accordance with IDOT standards and the Manual on Uniform Traffic Control Devices at the expense of Love's. The responsibility of Love's to install this traffic signal shall extend for ten(10)years following the issuance of a Certificate of Occupancy by the City for the Love's Travel Stop on the Love's Property. 2.6 Surety. The City would not undertake the Work to improve County Fair Drive but for Love's agreement to complete development of a full-service travel stop in substantially the same form