Construction of Private Improvements. Upon satisfaction of the conditions set forth in Paragraph 3.1, Developer shall construct the Private Improvements at its own expense in accordance with the terms of this Agreement, the Final Plat, the Resolution, the Development Plan, the Town’s ordinances, resolutions and regulations and all other applicable laws and regulations. All landscaping services shall be performed by a professional landscape contractor. Certification of required soil amendment shall be signed by Developer and provided to the Town. Unless otherwise approved by the Town in writing, all materials used for constructing the Private Improvements shall be new and both workmanship and materials shall be of good quality.
Construction of Private Improvements. The Redeveloper, through a minimum investment of Twenty-Two Million, Two Hundred and Fifteen Thousand, and Forty- Eight and 86/100 Dollars ($22,215,048.86), shall at its own cost and expense construct the Minimum Private Improvements substantially in conformance with the Design Documents. Redeveloper agrees to use commercially reasonable efforts to substantially complete construction of the Private Improvements as provided for in Paragraph 10 below and to pay in a timely manner Redeveloper’s contractor, or his or her subcontractors who performed labor or applied materials performed or used in the prosecution of the Private Improvements as provided for in Paragraph 5 below. Promptly after completion of the Private Improvements in accordance with all the provisions of this Agreement relating to the obligations of Redeveloper to construct the Private Improvements and promptly after the Redeveloper provides the City the proper documentation that Redeveloper’s contractor, or his or her subcontractors who performed labor or applied materials performed or used in the prosecution of the Private Improvements have been properly paid, the City shall upon request by the Redeveloper furnish a Certificate of Completion, the form of which is shown on Exhibit "E”, which is attached hereto and incorporated herein by this reference. Such certification by the City shall be a conclusive determination of satisfaction of the agreements and covenants in this Agreement with respect to the obligations of Redeveloper to construct the Private Improvements. The Certificate of Completion shall be recorded by the City in the office of the Register of Deeds for Lancaster County, Nebraska. If the City shall refuse or fail to provide the certification in accordance with the provisions of this paragraph after being requested to do so by Redeveloper, the City shall, within fifteen (15) days after written request by Redeveloper, provide Redeveloper with a written statement indicating in what respect Redeveloper has failed to complete the Private Improvements subject to each such certification in accordance with the provisions of this Agreement and what measures or acts will be necessary, in the opinion of the City, for Redeveloper to take or perform in order to obtain such certification. As used herein, the term "completion" shall mean substantial completion of the Private Improvements so that they may be reasonably used for their intended purposes.
Construction of Private Improvements. The Project will consist of construction of certain Improvements on private property (the "Private Improvements"). All labor and work will be done and performed in the best and most workmanlike manner and in strict conformance with the Approved Plans. Any deviation from the Approved Plans must be pre-approved in writing by the City Engineer.
Construction of Private Improvements. Redeveloper at its own cost and expense shall, through a minimum investment of approximately Twenty-Eight Million Dollars ($28,000,000.00), design and construct the Private Improvements in conformity with the approved Exterior Construction Documents, building permits, and this Redevelopment Agreement.
Construction of Private Improvements. All private improvements shall be installed within each phase prior to issuance of a certificate of occupancy for that phase. If the private improvements cannot be completed prior to the issuance of a certificate of occupancy for that phase, the Developer shall obtain the City’s written consent to submit a guarantee to secure completion of all private improvements, in lieu of construction and installation of said private improvements. Subsequent to approval and recordation of the Plat and as a condition to the City’s issuance of building permits, Developer shall execute and record a cross-access easement and maintenance declaration or declaration of covenants, in a form acceptable to the City, which will provide that Developer, a Title 32, C.R.S., special district, lot owners and/or homeowners’ association, as applicable, shall be responsible for the continuous and perpetual maintenance of the landscaping, irrigation and fencing improvements, lighting, gates, walls, and monument signage, private storm sewers and water quality facilities shown on the Plans and Specifications, and any other maintenance responsibilities detailed in this Agreement. The cross-access easement and maintenance declaration or declaration of covenants recorded against the Property shall include language, acceptable to the City, that the Developer, Title 32, C.R.S., special district, lot owners or homeowners' association, as the case may be, shall not dissolve, eliminate, amend or in any way abrogate the maintenance responsibilities required pursuant to this Agreement, or the adopted Littleton City Code, without the written approval of the City.
Construction of Private Improvements. The Redeveloper, through an anticipated soft cost and hard construction cost minimum investment of Ten Million Dollars ($10,000,000), shall at its own cost and expense construct the Private Improvements. The Shared Vision Project Area is located in a floodplain upon a former landfill which for public safety has been capped by fill. Notwithstanding the City’s policy of requiring a no net rise for projects in a floodplain funded by TIF, due to the impracticality of balancing fill by excavation due to the elevation of landfill materials and the need to maintain a protective cap over said landfill materials, the City is willing to allow the Site Preparation to be designed and constructed in a manner which exceeds the City’s no net rise policy provided that, such Site Preparation results in no more than a two hundredth of a foot (0.02') rise in the 100 year flood elevation. All Private Improvements shall be constructed in compliance with all applicable local, state, and federal building and construction laws and codes. Redeveloper agrees to secure and maintain all permits and licenses necessary for its use of the Redeveloper Property including, but not limited to, necessary building permits and inspections.
Construction of Private Improvements. The Redeveloper, through an anticipated hard construction cost minimum investment of $11,500,000, shall at its own cost and expense construct the Private Improvements. To the extent that Site Preparation is to be reimbursed from the proceeds of tax increment financing as described in Article IV. of this Agreement, Site Preparation activities shall be competitively bid and contracts awarded to the lowest responsible bidder in accordance with City requirements. The Project Area is located in a floodplain. Pursuant to the City’s policy of requiring no net rise for projects in a floodplain funded by TIF, the Site Improvements shall be designed and constructed to achieve the City’s no net rise policy. The Project is designed to comply with the forty percent (40%) limit of fill within the Salt Creek storage areas. All Private Improvements shall be constructed in compliance with all applicable local, state, and federal building and construction laws and codes. Redeveloper agrees to secure and maintain all permits and licenses necessary for its use of the Redeveloper Property including, but not limited to, necessary building permits and inspections.
Construction of Private Improvements. The Redeveloper shall, through an anticipated minimum investment of $10,500,000, at its own cost and expense construct the Private Improvements. The Private Improvements for the Redevelopment Project shall consist of constructing a multistory apartment building containing approximately 126 apartment units and 163 paved parking stalls in the Project Area. The Site Preparation, including demolition of existing structures on the property, shall be competitively bid and contracts awarded to the lowest responsible bidder in accordance with City requirements. The Project Area is located in a floodplain. Pursuant to the City’s policy of requiring a no net fill for projects in a floodplain funded by TIF, the Site Improvements shall be designed and constructed to achieve the City’s no net fill policy. All Private Improvements shall be constructed in compliance with all applicable local, state, and federal building and construction laws and codes. Redeveloper agrees to secure and maintain all permits and licenses necessary for its use of the Redeveloper Property including, but not limited to, necessary building permits and inspections.
Construction of Private Improvements. If, except for a Force Majeure Event, the Redeveloper stops work on any Private Improvement (including, for this purpose, any Parking Public Improvement which is part of a Private Improvement) for more than ninety (90) consecutive days, (a) the City may give notice to the Redeveloper to recommence such work within the next sixty (60) days, and (b) starting with the ninety-first (91st) day, the Redeveloper shall pay the City a penalty in the same manner as aforesaid in the amount of One Hundred Thousand Dollars ($100,000) per month for the first three (3) months and Two Hundred Thousand Dollars ($200,000) per month thereafter until such work is recommenced.” For gaming establishments, the Massachusetts Gaming Commission will have established a date by which a licensed establishment is expected to be open and operating, and will have statutory authority to take action if the deadline is not met. Specifically, Section 10(b) of the Gaming Act states, “A licensee who fails to begin gaming operations within 1 year after the date specified in its construction timeline, as approved by the commission, shall be subject to suspension or revocation of the gaming license by the commission and may, after being found by the commission after a hearing to have acted in bad faith in its application, be assessed a fine of up to $50,000,000.”11 In the most draconian agreements (particularly appropriate where a redevelopment authority acquires property by eminent domain for a development), there might be a right of reverter allowing the authority to take back possession of the property. Another option would be a provision that allows the municipality to acquire the property and transfer to a third party after a specified period of time after construction has ceased. This Purchase Option would give it the municipality the right to acquire the property for a predetermined price or assume the developer’s mortgage. Somerville, Massachusetts: “Applicant shall have entered into an agreement ( "Option Agreement') with the Somerville Redevelopment Authority ("SRA”), giving the SRA and/or its nominee, for a period of five (5) years from the date of said Option Agreement, the right to purchase (Option to Purchase) the Property, at a date and time to be determined by the SRA, provided however, that the SRA shall not exercise such Option to Purchase if the Applicant is proceeding expeditiously to develop a project at the Property conforming to the Development Agreement, as demonstrated by...
Construction of Private Improvements. The Redeveloper, through an anticipated hard construction cost minimum investment of One Million Two Hundred Thousand and No/100ths Dollars ($1,200,000.00), shall at its own cost and expense construct the Private Improvements substantially in conformance with the Construction Documents as approved by the City. As part of said construction, the Redeveloper, at its own cost and expense subject to reimbursement as provided in Section 503 below, shall construct the following Public Enhancements: (1) Façade Enhancements consisting of a partial brick façade in lieu of painted cement board and lap siding; (2) Energy Efficiency Enhancements consisting of HVAC units installed utilizing electric heat pumps (SEER 13 or higher) and energy star kitchen appliances (range, dishwasher, microwave, and refrigerator) in all apartments, spray urethane insulation (R- 19 or higher) on all exterior walls which will reduce heating/cooling utility costs by 30% - 50% over traditional HVAC, kitchen appliances, and batt insulation; and (3) Landscape Fence Screening Enhancements consisting of the landscape screening fence which exceeds City of Lincoln design standards. The Private Improvements shall be constructed in compliance with all applicable local, state, and federal building and construction laws and codes. Redeveloper agrees to secure and maintain all permits and licenses necessary for its use of the Redeveloper Property including, but not limited to, necessary building permits and inspections. Redeveloper shall grant to the City a Façade Agreement in the form attached hereto as Exhibit “E” related to the Façade Enhancements.
