Clearing and Grading. The JDA initially contracted for the clearing, grubbing and mass grading of a pad site originally estimated as a 500-acre portion of the Facility Site shown on the Exhibit A-11-1 (the “Current Grading Plan”). Grading on the Facility Site commenced in October of 2022. Actual site conditions discovered during the course of such grading work and additional due diligence have necessitated expanding the area of the Facility Site to be graded by approximately an additional 180 acres (the “Additional Grading Work”) in order to better stabilize the site. The plan for the Additional Grading Work prepared by Xxxxxx & Xxxxxx Engineering, Inc. (“T&H”) at the direction of the JDA is attached hereto at Exhibit A-11-2 (the “Additional Grading Plan”). The grading contemplated under the Current Grading Plan and the Additional Grading Plan shall collectively be referred to as the “Comprehensive Grading Work.” The State shall pay for the costs associated with all work described in the Current Grading Plan. The State and the Company have agreed to reallocate the sum of $10,000,000 from the Project Development Grant to the JDA Grant to pay the costs of the Additional Grading Work, including the costs of contract administration, construction oversight, engineering, site stabilization, insurance, and grading contractor costs associated with performance of the Additional Grading Work set forth on the Additional Grading Plan, and shall use such reallocated sum to pay costs of the Additional Grading Work. In the event there are changes in scope or costs for the Additional Grading Work which exceed the reallocated sum of $10,000,000, the JDA shall require T&H to provide a copy of the change order which addresses the work required to be done in connection with such changes (a “Change Order”) to the State, JDA and the Company no later than ten days prior to the JDA’s regular monthly meeting which is the fourth Tuesday of each month. The State and the Company shall have four (4) days to approve or reject the applicable Change Order, or the Change Order shall be deemed rejected and will not be included on the JDA’s agenda for consideration. If the Change Order is approved by the State and Company within the required timeframe, the JDA shall include it in its meeting packet distributed to JDA members the Thursday prior to its meeting and on its agenda for consideration at its monthly meeting on the fourth Tuesday. Upon approval of a Change Order by the State, JDA and the Company, the Com...
Clearing and Grading. The Port shall submit, for City approval, a Clearing and Grading Plan consistent with Chapter 14.24 DMMC for the development of each individual Area within the Property. The application materials required for Grading Permit are provided on page 4 of Form DSA-02. Clearing and grading for the Project shall be restricted to those areas identified on the clearing and grading plans approved by the City for each Area. No other clearing of any nature shall be allowed without prior written approval of the City.
Clearing and Grading. The road allowance shall be cleared of trees and other obstructions for such width as required for the proper installation of all roads, services and other Works as hereinafter provided. Topsoil shall be stripped for the full width of all roads and stored on–site before any further construction commences. Tree and topsoil removal shall take place only with the approval of the Township, and in accordance with the general conditions outlined in the Subdivision Agreement to which this Schedule is attached.
Clearing and Grading. Site clearing and grading for building, streets, utilities, and site amenities shall conform to Binding Site Plan Sheets C.2.01 and C2.02.
Clearing and Grading. The Owner alone shall have the sole and exclusive right to clear and grade the Golf Course Property and the Property. The City has no separate right to employ and use its own earth moving contractors in the clearing and grading of the Golf Course Property. The Owner shall provide the equipment and labor to clear and grade the Golf Course Property, and to shape the greens, fairways, tees, and rough, as per the plans provided by the City, to within “+ or – 2 inches” of the final grade, and provided that the City has allowed the Owner or the Owner’s representative, such as the Owner’s engineer, to fully cooperate in the drafting of the plans, and the Owner’s engineer agrees that the City’s plans for clearing and grading correspond with and complement the clearing and grading plans for the Property. The plans will incorporate the drainage requirements of the Golf Course, and the depth of the water table required for irrigation with reclaimed wastewater. It is not the Owner’s intent in this section to supersede the City’s right to design the Golf Course, or to give the Owner the right to veto any design or plan prepared by the City. Rather, the intent of this section is simply to assure that the grades of the Golf course and the Property match, and that the roads and utilities are aligned on the plans, to avoid problems in the field once the physical work commences. The Owner will use the plans and specifications furnished by the City for the clearing and grading.
