Construction of Public Improvements a. Upon satisfaction of the conditions set forth in Paragraph 2.1 and the notice requirement set forth below, Developer shall construct the Public Improvements at its own expense in accordance with this Agreement, the Final Plat, the Resolution, the Civil Engineering Construction Plans, the Town’s ordinances, resolutions and regulations and all other applicable laws and regulations. All Public Improvements shall be installed and constructed within the rights- of-way or easements dedicated to the Town. Unless otherwise approved by the Town in writing, all materials used for constructing the Public Improvements shall be materials set forth on the Town’s approved material list. Workmanship and materials shall be of good quality.
b. At least seven (7) days prior to the commencement of construction, Developer shall provide written notice to all property owners within a 600-foot radius of the construction limits indicated on the Civil Engineering Construction Plans and to any other property owners who are reasonably likely to be impacted by the construction of the fact of the construction along with contact information for the Developer. Prior to the commencement of the construction, such contact list shall be provided to the Town with a copy of the notification. Notification may be by U.S. mail or by delivering a printed flyer left at each affected home or business location.
Construction of Public Improvements. The Developer is to construct and install, according to plans and specifications submitted to Planning Commission, all Public Improvements shown and set forth in the Final Development Plan as approved by Planning Commission on December 5, 2018. Upon completion, the City agrees to accept said improvements subject to the terms of this agreement.
Construction of Public Improvements. No Public Improvements shall be constructed until: The Final Plat has been approved by the Planning Commission, Dedication of easements and rights of way have been accepted and approved by the Governing Body, Engineering drawings have been approved by the City Engineer, Bond paperwork for all Public Improvements is submitted and accepted by the City, All fees are paid, and A preconstruction meeting has been held with City staff, the Developer, and the general contractor. In accordance, the Developer shall: Cause the Project and the Public Improvements to be completed according to the plans thereof and within the agreed upon schedule submitted by the Developer or Developer’s general contractor. Cause all development at the Site to be completed in compliance with the terms of this Agreement. Exercise reasonable care to cause all construction performed by persons other than the Developer to comply with the terms of this Agreement and the restrictions contained herein. Repair any disturbed areas, specifically restoring, seeding, or sodding, all areas of City property, rights of way and temporary construction easements disturbed during construction. Be responsible for repair and maintenance of all off-site streets adjacent to the Site and Project during and after construction and shall restore the streets to at least as good as their original condition upon completion of the project. Grant to the City, at no cost to the City, licenses or easements as deemed necessary on the Developer's property for the connections to the City's systems. Restore on-site streets to City standard prior to final acceptance. In accordance, the City shall: Conduct inspections and communicate any deficiencies found on inspections to the Developer so they may cause compliance by builders and contractors with all applicable standards and codes of the City. Be responsible for documenting the condition of the streets prior to construction by either photos or video or both. Coordinate construction inspection services with the City Engineer. Not issue any certificates of occupancy until such time as the Public Improvements are constructed, bonded, and accepted by the Xxxxxx Springs Governing Body and all other necessary requirements are complied with, including but not limited to, storm water detention, erosion control, etc.
Construction of Public Improvements. To the extent allowed by law and then only to the extent TIF Proceeds are lawfully available and granted to the Redeveloper as described in Paragraph 10 below, the Redeveloper shall use the TIF Proceeds to construct the Public Improvements through the City’s executive order construction process. The City shall not have any obligations to fund the Public Improvements or make grants to the Redeveloper in excess of the available TIF Proceeds as described in Paragraph 10 below. Redeveloper shall use its own funds to fund any Public Improvements costs that exceed the TIF Proceeds that are lawfully available and granted to the Redeveloper hereunder. Contracts for construction of the Public Improvements shall be bid in accordance with City procedures.
Construction of Public Improvements. In consideration for the Town’s approval of the Development Guide Agreement, including the FDP, the applicable Owner or the Districts shall construct and install, or cause to be constructed and installed, all of the Public Improvements described in Section 5 in accordance with the terms of that Section, the Town’s applicable ordinances, codes and regulations and all other applicable law, except as otherwise provided herein and in the Development Guide Agreement. When this Agreement and the Development Guide Agreement are silent as to applicable standards, the Town Code as well as the Town’s other ordinances, codes and regulations, as may be amended from time to time, shall control. With each final plat application, the applicable Owner shall submit or cause to be submitted a development improvements agreement, in a form approved by the Town, to guarantee the construction of the Public Improvements associated with that final plat application. Acceptable forms of collateral security for the guarantee include a separate letter of credit or other acceptable collateral approved by the Town guaranteeing the completion of the Public Improvements.
Construction of Public Improvements. (a) At its election, the Developer may self-finance, construct and install the Public Improvements with appropriate care and diligence and in a manner consistent with the Master Plan and any subsequent site plans as approved by the City.
(b) If constructing and installing the Public Improvements, the Developer shall, subject to the Master Plan and any approved variances and waivers, comply with all applicable City permitting, zoning, and land use requirements and other applicable federal, state, county, and City statutes, rules, regulations, and ordinances, including, but not limited to, the provisions of the Plan and this Agreement.
(c) If constructing and installing the Public Improvements, the Developer shall ensure that any financial encumbrance or financial lien that has been or may have been created on or attached to any Public Improvement or any part thereof required by the Master Plan to be conveyed to the City, whether by voluntary act of the Developer or otherwise, shall be removed, released, and discharged in its entirety prior to such conveyance.
(d) The Developer will reasonably cooperate with development surrounding the Project in the construction of the Public Improvements.
Construction of Public Improvements. Improvements within the Xxxxxxxxx Xxxxx 0 XXX, xxx Xxxxxxxxx Xxxxx 0 ROW, the East Public Street ROW and the West Public Street ROW (collectively, “Public Improvements”) shall be constructed and installed as follows, with maintenance of the Public Improvements to be the responsibility of Sunbury after such construction and installation is complete:
Construction of Public Improvements. The Developer is to construct and install, according to Final Development Plans, all Public Improvements shown and set forth in the Final Development Plan.
Construction of Public Improvements. To the extent allowed by law and then only to the extent TIF Proceeds are lawfully available and granted to the Redeveloper as described in Paragraph 12 below, the Redeveloper shall use the TIF Proceeds to construct the Public Improvements through the City’s executive order construction process. The City shall not have any obligations to fund the Public Improvements or make grants to the Redeveloper in excess of the available TIF Proceeds as described in Paragraph 12 below. Redeveloper, at its election, may use its own funds to fund any Public Improvements costs that exceed the TIF Proceeds that are lawfully available and granted to the Redeveloper hereunder. Unless otherwise provided herein, contracts for construction of the Public Improvements shall be bid in accordance with City procedures. Redeveloper shall reimburse LES for LES’s cost to design and construct the reconfiguration of any LES vault transforms, equipment and transmission lines within the Project Site.
Construction of Public Improvements. The Subdivider is to construct and install according to plans and specifications submitted, all public improvements shown and set forth in the Final Plat for Arlington Place Subdivision No. 11 as presented to Planning Commission on July 20, 2016. Said construction and installation shall be a prerequisite to obtaining any occupancy permits. Subdivider's obligation to construct said public improvements shall not be conditioned upon sale of lots in this Subdivision.
