Appointment of Developer. Owner hereby appoints Developer and Developer hereby accepts appointment, subject to the terms and conditions of this Agreement, as development agent to provide certain development, design and construction management services with respect to the Facility.
Appointment of Developer. 2.1 The Owner hereby appoints the Developer, and the Developer hereby accepts such appointment, on the terms and conditions, and subject to the limitations, hereinafter set forth, as the developer of the Project for and on behalf of the Owner to assist Owner in its efforts to develop the Project and assist Owner in its efforts to complete the Improvements as hereinafter provided. The Developer recognizes that a relationship of trust and confidence is created by this Agreement and shall perform those services that are set forth herein, together with such services as are reasonably incidental thereto, so as to effect the timely, efficient, and economic development and operation of the Project.
2.2 The appointment of the Developer shall be for a term commencing on the date hereof and ending on the Completion Date or the earlier termination of this Agreement pursuant to Article 6.
2.3 Developer shall designate a development team comprised of its personnel (“Project Team”) to enable it to perform its duties hereunder. The Project Team is listed on Exhibit D hereto.
Appointment of Developer. XXXXX hereby appoints Xxxxxxxxx, and Xxxxxxxxx hereby accepts the appointment as the developer of the Project. Developer acknowledges that the nature, size, complexity and unique character of the contemplated Project require Developer to perform its services under this Master Development Agreement in a manner that will provide implementation procedures, controls, communication, reporting, forecasting, oversight and management of the Project, in order to achieve XXXXX’s goals and objectives consistent with the LCI. Developer represents and warrants that it has the requisite skill and experience in large scale and complex projects of similar nature, size, scope, quality and complexity as that of the Project contemplated by the Parties under this Master Development Agreement. The Parties each further acknowledge and agree that Developer may utilize affiliated or unaffiliated sub- developers for portions of the Project and/or construction of the Project Improvements (or portions thereof) as contemplated by and subject to this Master Development Agreement and the specific terms and conditions of any applicable Project Area Development Agreement.
Appointment of Developer. The Authority hereby appoints Developer to render services for the Authority, in supervising and overseeing the implementation of the Project and construction of the Cottages as herein contemplated. Developer accepts the relationship of trust and confidence established by this Agreement and covenants with the Authority to exercise Developer’s skill and judgment in furthering the interests of the Authority, to furnish efficient construction administration, management services and supervision; to furnish at all times an adequate supply of workers and to perform the “Work” as defined in Building Plans, in an expeditious and economical manner consistent with the Authority’s interests and expectations. Xxxxxxxxx has made a personal examination of the Property and reviewed the Project. Xxxxxxxxx accepts this appointment by the Authority and agrees to render services for the Authority, in supervising and overseeing the implementation of the Project construction of the Cottages as herein contemplated. The Authority’s Representative authorized to act on its behalf with respect to the Project is Xxxxxx Xxxxxxxxxx, Executive Director, 000 X. XxXxxxxxx Street, P.O. Box 220, Decatur, DeKalb County, Georgia 30031, Tel: (000) 000-0000, Email: xxxxxx.xxxxxxxxxx@xxxxxxxxx.xxx. Xxxxxxxxx’s Representative authorized to act on its behalf with respect to the Project is Xxx Xxxxxxxxxx, Director of Single Family Development, 000 Xxxxxxxxx Xxxxxx XX, Xxxxx 000, Xxxxxxx, Xxxxxxx 00000, Tel: (000) 000-0000, Email: xxxxxxxxxxx@xxxxx.xxx.
Appointment of Developer. Owner hereby appoints Developer to act as herein described to develop the Project for and on behalf of the Owner. Subject to the limitations set forth herein, Developer hereby accepts such appointment and agrees to provide the services set forth herein in accordance with the Final Project Plans, the Project Budget and the Project Schedule, and otherwise as more particularly set forth herein. The services to be provided by the Developer hereunder shall cover all phases of the Project including development and construction as more particularly set forth herein. Subject to the limitations set forth herein, Owner hereby delegates to the Developer all such power and authority with respect to the development of the Project, as may be necessary or appropriate for the implementation of the plans, budgets and schedules and the development, equipping and construction of the proposed Detention Complex. Without limitation of the foregoing or any other duty or obligation of Developer hereunder, Developer shall (i) use reasonably diligent efforts, at all times and in a manner consistent with the Required Standard of Performance, the Project Budget , the ICE Contract and the Project Schedule, to further the interests of Owner with respect to the Project and to cause the timely completion of the various stages of development of the Project in accordance with the ICE Contract, the Project Budget and the Project Schedule, and (ii) to cause its duties hereunder to be performed in accordance with the Required Standard of Performance.
Appointment of Developer. The DDA hereby appoints Xxxxxxxxx, and Xxxxxxxxx accepts appointment, as the exclusive independent contractor to perform the Development Services upon and subject to the terms and conditions set forth in this Agreement. Developer shall perform the Development Services for the exclusive benefit of the DDA, in an expeditious and economical manner, using Developer’s commercially reasonable efforts, skill, judgment, and abilities, and in accordance with the Developer Standard. Developer accepts the fiduciary relationship of trust and confidence established by this Agreement between Developer and the DDA, and covenants that it shall not incur debts or other liabilities on behalf of DDA unless the
Appointment of Developer. UW hereby appoints and retains the Developer as an independent contractor, on a sole and exclusive basis, to carry out the construction and development of the Project on and subject to the terms and conditions set out in this Agreement.
Appointment of Developer. DDA hereby appoints Developer to render services for the DDA, in supervising and overseeing the implementation of the Town Green Mixed- Use Project and construction of the Town Green Buildings as herein contemplated. Subject to the terms of this Contract, Developer accepts the obligations established by this Contract and covenants with the DDA to fulfill those obligations, to exercise Developer’s skill and judgment to furnish efficient construction administration, management services and supervision; to furnish at all times an adequate supply of workers and; to perform the Work in an expeditious and economical manner consistent with the Loan Documents. From and after Closing Developer shall supervise and oversee the implementation of the Town Green Mixed-Use Project and construction of the Town Green Buildings as herein contemplated. The DDA’s Representative authorized to act and receive notice on its behalf with respect to the Town Green Mixed-Use Project is Xxxxxxx Xxxxxx, Assistant City Manager, 00 Xxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxx, Xxxxxxx 00000, Tel: (000) 000-0000, Email: xxxxxxx@xxxxxxxxxxxxxx.xxx. Developer’s Representative authorized to act and receive notice on its behalf with respect to the Town Green Mixed-Use Project is Xxxxxxx X. Xxxxxx, 000 X. Xxxxx de Xxxx, Suite 104, Decatur, Georgia 30030, Tel: (000) 000-0000, Email: xxxxxxx@xxxxxxxxxxxxxxxx.xxx.
Appointment of Developer. Owner hereby appoints Developer and Developer hereby accepts appointment, subject to the terms and conditions of this Agreement, as development agent to provide certain acquisition, zoning, site plan approval, development, design and construction management services with respect to the Facility, and to develop the Facility in accordance with the "Development Plan" (as defined in Section 2.04 below), within the time specified in the "Progress Schedule" (described in Section 2.04 below) and the terms and conditions of this Agreement. Developer shall exercise commercially reasonable and diligent and good faith efforts, skill and judgment in the performance of its obligations. Developer shall act as Owner's representative with respect to all aspects of the development of the Facility and shall use reasonable and diligent efforts to comply with and perform all obligations of Owner under any agreements affecting the Facility (excluding funding obligations, other than as set forth in Section 2.07) and, generally, to execute and implement the activities and directions contemplated in the Development Plan.
Appointment of Developer. (a) Owner hereby appoints Developer as an independent contractor (and not as Owner's agent) to perform the services as hereinafter set forth, and Developer hereby accepts such appointment and agrees to perform certain development services and functions, to undertake certain other obligations and to provide certain assurances, all as set forth herein. Developer shall not have the authority to enter into agreements or execute any documents or instruments in Owner's name or on Owner's behalf (other than leases entered into in accordance with Section 4(t) herein below), and Owner reserves the right, in Owner's sole discretion, to disapprove any advice or recommendation made by Developer in connection with this Agreement.
(b) Notwithstanding any other provision of this Agreement, (i) Owner hereby appoints Developer as an independent contractor (and not as Owner's agent) to perform the services as hereinafter set forth with respect to the Property commonly known as Wyndham Apartments, Richmond, Virginia (the "Wyndham Property"), which is further identified in Schedule DA Recital A-1 through A-7 to the Merry Land Disclosure Letter, and Developer hereby accepts such appointment and hereby agrees to perform certain developments services and functions, to undertake certain obligations and to provide certain assurances, all as set forth herein, (ii) the Development Fee (as hereinafter defined) for the Wyndham Property shall be Forty-One Thousand Dollars ($41,000) per month, and (iii) Owner may terminate this Agreement as to the Wyndham Property (or the Property Management Agreement relating thereto) at any time, with or without cause, upon thirty (30) days prior written notice to Developer, upon which termination Owner's obligation to pay, and Developer's right to receive, any unpaid installments of the Development Fee (or any management fee, as applicable) as to the Wyndham Property shall terminate as of the date Owner terminates this Agreement with respect thereto.
(c) Notwithstanding any other provision of this Agreement, (i) Owner appoints Developer as an independent contractor (and not as Owner's agent) to perform the services as hereinafter set forth with respect to the Prairie Creek II Apartments, Dallas, Texas (the "Prairie Creek II Property") which is further identified in Schedule DA Recital A-1 through A-7 to the Merry Land Disclosure Letter, and Developer hereby accepts such appointment and hereby agrees to perform certain development services and functio...
