Common use of Commercial and Industrial Developments Clause in Contracts

Commercial and Industrial Developments. 1) The developer shall pay the total cost of all underground drainage systems regardless of the size of the largest diameter of pipe required to carry the design storm flow. 2) Where an improved drainage channel is installed, whether lined orunlined, the developer shall dedicate at his own expense a drainage easement of sufficient width to permit the construction, access and maintenance of the channel. The developer shall pay the total cost of the facility and all appurtenances required to complete the system. Where an unlined channel is constructed, the City may, at its own discretion choose to maintain the drainage channel or mandate that a maintenance entity or property owner maintain the drainage channel. 3) There shall be no City participation in the cost of parkway improvements, including pedestrian ways, guardrails, etc. 4) If the City desires a roadway width greater than required, one hundred percent (100%) of the additional cost of the drainage facility necessaryfor that excess width will be paid by the City of Granbury. 5) If the developer constructs a roadway wider than determined necessary by the City, then there shall be no City participation for the additional cost of the drainage facility necessary for the excess width. 6) Storm flow shall not be diverted from its natural drainage course to a perimeter street unless approved by the City. Where storm flow isdiverted, in the opinion of the City, there shall be no City participation for the additional cost of constructing and/or over sizing any drainage facility or appurtenance required to handle such diverted storm flow and the City’s participation shall stay the same as if the diversion did not occur. 7) There shall be no City participation in the cost of site/lot grading. 8) If required by the City Engineer, the developer shall pay a construction inspection and materials testing fee established by either i.) the City of Granbury Fee Schedule, as amended; or, ii.) the invoiced amount of the of the company hired to do the testing as agreed to by both Parties. The construction inspection and materials testing fee shall be submitted as a cash deposit together with the signed Facilities Improvement Agreement (FIA) to the Director of Community Development. This amount may be adjusted by the developer or the City, upon written request, to conform to the actual construction cost upon completion and acceptance of the storm drainage and lot grading improvements, provided the difference is greater than twenty-five dollars ($25.00). 9) Any replacement or relocation of an existing storm drainage facility required by the developer to accommodate a contemplated or projected use of a property shall be the responsibility of the developer. The plans for any such replacement or relocation shall be approved in writing by the City Engineer prior to initiation of construction. 10) No permanent structures shall be constructed over an existing or proposed storm drainage facility. In the event that the developer desires to construct a permanent structure over an existing storm drainage facility, the developer shall be responsible for the total cost of relocating the existing facility. 11) The City shall assume its share of the cost of the storm drainage facilities only if funds are available for such participation. In the event that no funds are available for City participation, the developer shall award the contract and deposit with the City cash or a bond in the amount of the total construction cost of the facility. 12) The following special cost distribution conditions shall be in lieu of, shall supersede and shall prevail over any of the standard cost distribution provisions stated in this subsection b, which may be in conflict herewith. 13) Based upon preliminary engineering design, the storm drainage improvements listed on the attached “Estimates of Probable Cost” are required. It is understood that actual sizes, quantities and costs may vary after detailed engineering is accomplished and bids are taken. The distribution of estimated cost between the developer and the City, as per paragraph above, for storm drainage improvements required herein is estimated shown on the attached “Estimate of Probable Cost”. 14) The developer agrees that the work herein shall be completed within two (2) years from the date of approval of this agreement by the City Council. It is understood that any obligation on the part of the City to make any refunds shall cease upon the expiration of the two (2) years, except when extended for one (1) year under the conditions set forth in the Public Improvement Policy.

Commercial and Industrial Developments. 1) The developer shall pay the total cost of all underground drainage systems regardless of the size of the largest diameter of pipe required to carry the design storm flow. 2) Where an improved drainage channel is installed, whether lined orunlinedor unlined, the developer shall dedicate at his own expense a drainage easement of sufficient width to permit the construction, access and maintenance of the channel. The developer shall pay the total cost of the facility and all appurtenances required to complete the system. Where an unlined channel is constructed, the City may, at its own discretion choose to maintain the drainage channel or mandate that a maintenance entity or property owner maintain the drainage channel. 3) There shall be no City participation in the cost of parkway improvements, including pedestrian ways, guardrails, etc. 4) If the City desires a roadway width greater than required, one hundred percent (100%( 1 00 ) of the additional cost of the drainage facility necessaryfor necessary for that excess width will be paid by the City of GranburyofGranbury. 5) If the Ifthe developer constructs a roadway wider than determined necessary by determinednecessaryby the City, then there shall be no City participation for the additional cost of the drainage facility necessary for the excess widthexcesswidth. 6) Storm flow shall not be diverted from its natural drainage course to a perimeter street unless approved by the City. Where storm flow isdivertedis diverted, in the opinion of the City, there shall be no City participation for the additional cost of constructing and/or over sizing any drainage facility or appurtenance required to handle such diverted storm flow and the City’s 's participation shall stay the same as if the diversion did not occur. 7) There shall be no City participation in the cost of site/lot grading. 8) If required by the City Engineer, the developer shall pay a construction inspection and materials testing fee established by either i.) the City of Granbury Fee Schedule, as amended; or, ii.) the invoiced amount of the of the company hired to do the testing as agreed to by both PartiesPaiiies. The construction inspection and materials testing fee shall be submitted as a cash deposit together with the signed Facilities Improvement Agreement (FIA) to the Director of Community Development. This amount may be adjusted by the developer or the City, upon written request, to conform to the actual construction cost upon completion and acceptance of the storm drainage and lot grading improvements, provided the difference is greater than twenty-five dollars ($25.00). 9) Any replacement or relocation of an existing storm drainage facility required by the developer to accommodate a contemplated or projected use of a property shall be the responsibility of the developer. The plans for any such replacement or relocation shall be approved in writing w1iting by the City Engineer prior to initiation of construction. 10) No permanent structures shall be constructed over an existing or proposed storm st01m drainage facility. In the event that the developer desires to construct a permanent pe1manent structure over an existing storm drainage facility, the developer shall be responsible for the total cost of relocating the existing facility. 11) The City shall assume its share of the cost of the storm drainage facilities only if funds are available for such participation. In the event that no funds are available for City participation, the developer shall award the contract and deposit with the City cash or a bond in the amount of the total construction cost of the facility. 12) The following special cost distribution conditions shall be in lieu of, shall supersede and shall prevail over any of the standard cost distribution provisions stated in this subsection b, which may be in conflict herewith. 13) Based upon preliminary engineering design, the storm drainage improvements listed on the attached “"Estimates of Probable Cost” " are required. It is understood that actual sizes, quantities and costs may vary after detailed engineering is accomplished and bids are taken. The distribution of estimated cost between the developer and the City, as per paragraph above, for storm drainage improvements required herein is estimated shown on the attached “"Estimate of Probable Cost”". 14) The developer agrees that the work herein shall be completed within two (2) years from the date of approval of this agreement by the City Council. It is understood that any obligation on the part of the City to make any refunds shall cease upon the expiration of the two (2) years, except when extended for one (1) year under the conditions set forth in the Public Improvement Policy.

Commercial and Industrial Developments. 1) The developer shall pay the total cost of all ofall underground drainage systems regardless of the size of the largest diameter of pipe required to carry the design storm flow. 2) Where an improved drainage channel is installed, whether lined orunlinedor unlined, the developer shall dedicate at his own expense a drainage easement of sufficient width to permit the construction, access and maintenance of the channel. The developer shall pay the total cost of the facility and all appurtenances appmienances required to complete the system. Where an unlined channel is constructed, the City may, at its own discretion choose to maintain the drainage channel or mandate that a maintenance entity or property owner maintain the drainage channel. 3) There shall be no City participation in the cost of parkway improvements, including pedestrian ways, guardrails, etc. 4) If the Ifthe City desires a roadway width greater than required, one hundred percent (100( 1 00%) of the ofthe additional cost of the ofthe drainage facility necessaryfor necessary for that excess width will be paid by the City of GranburyofGranbury. 5) If the lfthe developer constructs a roadway wider than determined necessary by the City, then there shall be no City participation paiticipation for the additional cost of the ofthe drainage facility necessary for the excess width. 6) Storm flow shall not be diverted from its natural drainage course to a perimeter street unless approved by the City. Where storm flow isdiverted, in the opinion of the City, there shall be no City participation for the additional cost of constructing and/or over sizing any drainage facility or appurtenance required to handle such diverted storm flow and the City’s participation 's pmticipation shall stay the same as if the ifthe diversion did not occur. 7) There shall be no City participation in the cost of siteofsite/lot grading. 8) If required by the City Engineer, the developer shall pay a construction inspection and materials testing fee established by either i.) the City of Granbury Fee Schedule, as amended; or, ii.) the invoiced amount of the of the ofthe ofthe company hired to do the testing as agreed to by both PartiesXxxxxxx. The construction inspection and materials testing fee shall be submitted as a cash deposit together with the signed Facilities Improvement Agreement (FIA) to the Director of Community Development. This amount may be adjusted by the developer or the City, upon written request, to conform to the actual construction cost upon completion and acceptance of the ofthe storm drainage and lot grading improvements, provided the difference is greater than twenty-five dollars ($25.0025 .00 ). 9) Any replacement or relocation of an ofan existing storm drainage facility required by the developer to accommodate a contemplated or projected use of a property shall be the responsibility of the ofthe developer. The plans for any such replacement or relocation shall be approved in writing by the City Engineer prior to initiation of constructionofconstruction. 10) No permanent structures shall be constructed over an existing or proposed storm drainage facility. In the event that the developer desires to construct a permanent structure over an existing storm drainage facility, the developer shall be responsible for the total cost of relocating ofrelocating the existing facility. 11) The City shall assume its share of the cost of the storm drainage facilities only if funds are available for such participation. In the event that no funds are available for City participation, the developer shall award the contract and deposit with the City cash or a bond in the amount of the total construction cost of the facility. 12) The following special cost distribution conditions shall be in lieu of, shall supersede and shall prevail over any of the standard cost distribution provisions stated in this subsection b, which may be in conflict herewith. 13) Based upon preliminary engineering design, the storm drainage improvements listed on the attached “"Estimates of Probable Cost” " are required. It is understood that actual sizes, quantities and costs may vary after detailed engineering is accomplished and bids are taken. The distribution of estimated cost between the developer and the City, as per paragraph above, for storm drainage improvements required herein is estimated shown on the attached “"Estimate of Probable Cost”". 14) The developer agrees that the work herein shall be completed within two (2) years from the date of approval of this agreement by the City Council. It is understood that any obligation on the part pmt of the City to make any refunds shall cease upon the expiration of the two (2) years, except when extended for one (1) year under the conditions set forth fmth in the Public Improvement Policy.

Commercial and Industrial Developments. 1) The developer shall pay the total cost of all underground drainage systems regardless of the size of the largest diameter of pipe required to carry the design storm flow. 2) Where an improved drainage channel is installed, whether lined orunlinedor unlined, the developer shall dedicate at his own expense a drainage easement of sufficient width to permit the construction, access and maintenance of the channel. The developer shall pay the total cost of the facility and all appurtenances required to complete the system. Where an unlined channel is constructed, the City may, at its own discretion choose to maintain the drainage channel or mandate that a maintenance entity or property owner maintain the drainage channel. 3) There shall be no City participation in the cost of parkway improvements, including pedestrian ways, guardrails, etc. 4) If the City desires a roadway width greater than required, one hundred percent (100%) of the additional cost of the drainage facility necessaryfor necessary for that excess width will be paid by the City of Granbury. 5) If the developer constructs a roadway wider than determined necessary by the City, then there shall be no City participation for the additional cost of the drainage facility necessary for the excess width. 6) Storm flow shall not be diverted from its natural drainage course to a perimeter street unless approved by the City. Where storm flow isdivertedis diverted, in the opinion of the City, there shall be no City participation for the additional cost of constructing and/or over sizing any drainage facility or appurtenance required to handle such diverted storm flow and the City’s participation shall stay the same as if the diversion did not occur. 7) There shall be no City participation in the cost of site/lot grading. 8) If required by the City Engineer, the The developer shall pay a construction inspection and materials testing fee established by either i.) the City of Granbury Fee Schedule, as amended; or, ii.) the invoiced amount deposit. The deposit will be estimated at $150 per day for each working day of the of the company hired project from Notice to do the testing Proceed to Final Punchlist Completed as agreed to determined by both Parties. Exhibit K. The construction inspection and materials testing fee deposit shall be submitted to the Director of Public Works as a cash deposit together with the signed Facilities Improvement Agreement (FIA) to the Director of Community Development). This amount may be adjusted The construction inspector will invoice against this deposit each month based on actual site visits requested by the developer or contractor. If the Citydeposit is not sufficient to cover the requested inspections through Final Punchlist Completed, upon written request, an additional deposit will be required based on the estimated number of days remaining until Final Punchlist Completed at a rate of $150.00 a day. A final accounting will be done prior to conform to the actual construction cost upon completion and final acceptance of the storm drainage project and lot grading improvements, provided the difference is greater than twenty-five dollars ($25.00)final invoice shall be reconciled prior to obtaining City acceptance of the project. 9) Any replacement or relocation of an existing storm drainage facility required by the developer to accommodate a contemplated or projected use of a property shall be the responsibility of the developer. The plans for any such replacement or relocation shall be approved in writing by the City Engineer prior to initiation of construction. 10) No permanent structures shall be constructed over an existing or proposed storm drainage facility. In the event that the developer desires to construct a permanent structure over an existing storm drainage facility, the developer shall be responsible for the total cost of relocating the existing facility. 11) The City shall assume its share of the cost of the storm drainage facilities only if funds are available for such participation. In the event that no funds are not available for City participation, the developer shall award the contract and deposit with the City cash or a bond in the amount of the total 120% construction cost of the facility. 12) The following special cost distribution conditions shall be in lieu of, shall supersede and shall prevail over any of the standard cost distribution provisions stated in this subsection b, which may be in conflict herewith. 13) Based upon preliminary engineering design, the storm drainage improvements listed on the attached “Estimates of Probable Cost” are required. It is understood that actual sizes, quantities and costs may vary after detailed engineering is accomplished and bids are taken. The distribution of estimated cost between the developer and the City, as per paragraph above, for storm drainage improvements required herein is estimated shown on the attached “Estimate of Probable Cost”. 14) The developer agrees that the work herein shall be completed within two (2) years from the date of approval of this agreement by the City Council. It is understood that any obligation on the part of the City to make any refunds shall cease upon the expiration of the two (2) years, except when extended for one (1) year under the conditions set forth in the Public Improvement Policy.