Common use of Construction Agreements Clause in Contracts

Construction Agreements. The Construction Agreements shall be let in the name of the Developer. The Developer’s engineers shall prepare and provide, or cause the preparation and provision of all contract specifications and necessary related documents. The Developer shall provide all construction documents for the Public Improvements and shall acknowledge that the City has no obligations and liabilities thereunder. The Developer shall include a provision in the construction documents for the Public Improvements that the contractor will indemnify the City and its officers and employees against any costs or liabilities thereunder. The Developer or its designee (Engineer) shall administer the contracts. The Public Improvement Project Costs, which are estimated on Exhibit C, shall be paid by the Developer or caused to be paid by the Developer, and reimbursed by the Assessments levied pursuant to the terms of a Reimbursement Agreement or from the proceeds of PID Bonds issued to reimburse the Developer pursuant to a Reimbursement Agreement. (a) The following requirements apply to Construction Agreements for Public Improvements: (i) Plans and specifications shall comply with all Applicable Law, the Development Standards and City Regulations and all Plans and Specification shall be reviewed and approved by the City prior to the issuance of permits. The City shall have thirty (30) business days from its receipt of the first submittal of the Plans and Specifications to approve or deny the Plans and Specifications or to provide comments to the submitter. If any approved Plans and Specifications are amended or supplemented, the City shall have thirty (30) business days from its receipt of such amended or supplemented Plans and Specifications to approve or deny the Plans and Specification or provide comments back to the submitter. Any written City approval or denial must be based on compliance with applicable City Regulations or other regulatory agencies that have jurisdiction over the Development. (ii) Each Construction Agreement shall provide that the Contractor is an independent contractor, independent of and not the agent of the City and that the Contractor is responsible for retaining, and shall retain, the services of necessary and appropriate architects and engineers; and (iii) Each Construction Agreement for improvements not yet under construction shall provide that the Contractor shall indemnify the City, its officers and employees for any costs or liabilities thereunder and for the negligent acts or omissions of the Contractor.

Appears in 1 contract

Samples: Development Agreement

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Construction Agreements. The Construction Agreements shall be let in the name of the Developer. The Developer’s engineers shall prepare and provide, or cause the preparation and provision of all contract specifications and necessary related documents. The Developer shall provide all construction documents for the Public Improvements and shall acknowledge that the City has no obligations and liabilities thereunder. The Developer shall include a provision in the construction documents for the Public Improvements that the contractor will indemnify the City and its officers and employees against any costs or liabilities thereunder. , as follows: The Developer or its designee (Engineer) shall administer the contracts. The Public Improvement Project Costs, which are estimated on Exhibit C, shall be (i) paid by the Developer or caused to be paid by the Developer, and reimbursed by the Assessments levied pursuant to the terms of a Reimbursement Agreement or from the proceeds of PID Bonds issued to reimburse the Developer pursuant to a Reimbursement Agreement. (a) The following requirements apply to Construction Agreements for Public Improvements: (i) Plans and specifications shall comply with all Applicable Law, the Development Standards and City Regulations and all Plans and Specification shall be reviewed and approved by the City prior to the issuance of permits. The City shall have thirty (30) business days from its receipt of the first submittal of the Plans and Specifications to approve or deny the Plans and Specifications or to provide comments to the submitter. If any approved Plans and Specifications are amended or supplemented, the City shall have thirty (30) business days from its receipt of such amended or supplemented Plans and Specifications to approve or deny the Plans and Specification or provide comments back to the submitter. Any written City approval or denial must be based on compliance with applicable City Regulations or other regulatory agencies that have jurisdiction over the Development. (ii) Each Construction Agreement shall provide that the Contractor is an independent contractor, independent of and not the agent of the City and that the Contractor is responsible for retaining, and shall retain, the services of necessary and appropriate architects and engineers; and (iii) Each Construction Agreement for improvements not yet under construction shall provide that the Contractor shall indemnify the City, its officers and employees for any costs or liabilities thereunder and for the negligent acts or omissions of the Contractor.

Appears in 1 contract

Samples: Development Agreement

Construction Agreements. The Construction Agreements shall be let in the name of the Developer. The Developer’s engineers shall prepare and provideprepare, or cause the preparation of, and provision of provide all contract specifications and necessary related documents. The Developer shall provide all construction documents for the Public Authorized Improvements and shall acknowledge that the City has no obligations and liabilities thereunder. The thereunder and the Developer shall include a provision in the construction documents for the Public Authorized Improvements that the contractor will indemnify the City and its officers and employees against any costs or liabilities thereunder. The Developer or its designee (Engineer) shall administer the contracts. The Public Improvement Project Costs, which are estimated on Exhibit C, Authorized Improvements Costs shall be paid by the Developer or caused to be paid by the Developer, and reimbursed by from the proceeds of PID Bonds, in accordance with the Bond Indenture, or reimbursed from Assessment revenues from Assessments levied pursuant to the terms of a Reimbursement Agreement or from the proceeds of PID Bonds issued to reimburse the Developer pursuant to a Reimbursement this Agreement. (a) The following requirements apply to Construction Agreements for Public Authorized Improvements: (i) Plans and specifications shall comply with all Applicable Law, the Development Standards and City Regulations Law and all Plans and Specification shall be reviewed and approved by the City prior to the issuance of permits. The City shall have thirty fourteen (3014) business days from its receipt of the first submittal of the Plans and Specifications to approve or deny the Plans and Specifications or to provide comments to the submitter. If any approved Plans and Specifications are amended or supplemented, the City shall have thirty fourteen (3014) business days from its receipt of such amended or supplemented Plans and Specifications to approve or deny the Plans and Specification or provide comments back to the submitter. Any written City approval or denial must be based on compliance with the Development Agreement and applicable City Regulations or other regulatory agencies that have jurisdiction over the DevelopmentRegulations. (ii) Each Construction Agreement shall provide that the Contractor contractor is an independent contractor, independent of and not the agent of the City and that the Contractor is responsible for retaining, and shall retain, the services of necessary and appropriate architects and engineers; and (iii) Each Construction Agreement for improvements not yet under construction shall provide that the Contractor contractor shall indemnify the City, its officers officer and employees for any costs or liabilities thereunder and for the negligent acts or omissions of the Contractorcontractor.

Appears in 1 contract

Samples: Reimbursement Agreement

Construction Agreements. The Construction Agreements shall be let in the name of the Developer. The Developer’s engineers shall prepare and provide, or cause the preparation and provision of all contract specifications and necessary related documents. The Developer shall provide all construction documents for the Public Improvements and shall acknowledge that the City has no obligations and liabilities thereunder. The Developer shall include a provision in the construction documents for the Public Improvements that the contractor will indemnify the City and its officers and employees against any costs or liabilities thereunder. , as follows: The Developer or its designee (Engineer) shall administer the contracts. The Public Improvement Project Costs, which are estimated on Exhibit C, shall be (i) paid by the Developer or caused to be paid by the Developer, and reimbursed by the Assessments levied pursuant to the terms of a Reimbursement Agreement or (ii) paid from the proceeds of PID Bonds issued to reimburse pay the Developer pursuant to a Reimbursement AgreementPublic Improvement Project Costs. (a) The following requirements apply to Construction Agreements for Public Improvements: (i) Plans and specifications shall comply with all Applicable Law, the Development Standards and City Regulations and all Plans and Specification shall be reviewed and approved by the City prior to the issuance of permits. The City shall have thirty (30) business days from its receipt of the first submittal of the Plans and Specifications to approve or deny the Plans and Specifications or to provide comments to the submitter. If any approved Plans and Specifications are amended or supplemented, the City shall have thirty (30) business days from its receipt of such amended or supplemented Plans and Specifications to approve or deny the Plans and Specification or provide comments back to the submitter. Any written City approval or denial must be based on compliance with applicable City Regulations or other regulatory agencies that have jurisdiction over the Development. (ii) Each Construction Agreement shall provide that the Contractor is an independent contractor, independent of and not the agent of the City and that the Contractor is responsible for retaining, and shall retain, the services of necessary and appropriate architects and engineers; and (iii) Each Construction Agreement for improvements not yet under construction shall provide that the Contractor shall indemnify the City, its officers and employees for any costs or liabilities thereunder and for the negligent acts or omissions of the Contractor.

Appears in 1 contract

Samples: Development Agreement

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Construction Agreements. The Construction Agreements shall be let in the name of the Developer. The Developer’s engineers shall prepare and provideprepare, or cause the preparation of, and provision of provide all contract specifications and necessary related documents. The Developer shall provide all construction documents for the Public Authorized Improvements and shall acknowledge that the City has no obligations and liabilities thereunder. The thereunder and the Developer shall include a provision in the construction documents for the Public Authorized Improvements that the contractor will indemnify the City and its officers and employees against any costs or liabilities thereunder. The Developer or its designee (Engineer) shall administer the contracts. The Public Improvement Project Costs, which are estimated on Exhibit C, Authorized Improvements Costs shall be paid by the Developer or caused to be paid by the Developer, and reimbursed by from the proceeds of PID Bonds, in accordance with the Bond Indenture, or reimbursed from Assessment revenues from Assessments levied pursuant to the terms of a Reimbursement Agreement or from the proceeds of PID Bonds issued to reimburse the Developer pursuant to a Reimbursement this Agreement. (a) The following requirements apply to Construction Agreements for Public Authorized Improvements: (i) Plans and specifications shall comply with all Applicable Law, the Development Standards and City Regulations Law and all Plans and Specification shall be reviewed and approved by the City prior to the issuance of permits. The City shall have thirty fourteen (3014) business days from its receipt of the first submittal of the Plans and Specifications to approve or deny the Plans and Specifications or to provide comments to the submitter. If any approved Plans and Specifications are amended or supplemented, the City shall have thirty fourteen (3014) business days from its receipt of such amended or supplemented Plans and Specifications to approve or deny the Plans and Specification or provide comments back to the submitter. Any written City approval or denial must be based on compliance with the Development Agreement and applicable City Regulations or other regulatory agencies that have jurisdiction over the DevelopmentRegulations. (ii) Each Construction Agreement shall provide that the Contractor contractor is an independent contractor, independent of and not the agent of the City and that the Contractor is responsible for retaining, and shall retain, the services of necessary and appropriate architects and engineers; and (iii) Each Construction Agreement for improvements not yet under construction shall provide that the Contractor contractor shall indemnify the City, its officers officer and employees for any costs or liabilities thereunder and for the negligent acts or omissions of the Contractorcontractor. (b) City’s Role. The City shall have no responsibility for the cost of planning, design, engineering construction, furnishing/equipping the Authorized Improvements (before, during or after construction) except to the extent of the reimbursement of the Authorized Improvements Costs as set forth in this Agreement. The Developer will not hold the City responsible for any Authorized Improvements Costs other than the reimbursements described in this Agreement. The City shall have no liability for any claims that may arise out of design or construction of the Authorized Improvements, and the Developer shall cause all of its contractors, architects, engineers, and consultants to agree in writing that they will look solely to the Developer, not to the City, for payment of all costs and valid claims associated with construction of the Authorized Improvements.

Appears in 1 contract

Samples: Reimbursement Agreement

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