Common use of Construction of Public Improvements Clause in Contracts

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. No Public Improvements shall be constructed until: The the Final Plat has been approved by the Planning Commission, Dedication dedication of easements and rights of way have been accepted and approved by the Governing Body, Engineering engineering drawings have been approved by the City Engineer, Bond bond paperwork for all Public Improvements is submitted and accepted by the City, All all fees are paid, and A a preconstruction meeting has been held with City staff, the Developer, Developer and the general contractor. In accordance, the Developer shall: Cause 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 cause all development at the Site to be completed in compliance with the terms of this Agreement. Exercise 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 repair any disturbed areas, specifically restoring, seeding, seeding or sodding, all areas of City property, rights of way and temporary construction easements disturbed during construction. Be 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 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 restore on-site streets to City standard prior to final acceptance. In accordance, the City shall: Conduct 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 be responsible for documenting the condition of the streets prior to construction by either photos or video or both. Coordinate coordinate construction inspection services with the City Engineer. Not not issue any certificates of occupancy until such time as the Public Improvements are constructed, bonded, 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. No The City shall construct the Public Improvements, at the City’s cost and expense, as set forth in Exhibit C. The Public Improvements will be completed on a schedule agreeable to Developer and Owner and shall be reasonably coordinated with the construction of the Development; provided, the required utility work and any work on Xxxxxx Avenue which abuts the Development shall be completed by December 31, 2017, and all Public Improvements shall be constructed until: The Final Plat has been approved completed by December 31, 2018, unless otherwise agreed to in writing by the Planning CommissionParties and subject to Force Majeure. The City may not seek reimbursement of these costs from the Developer, Dedication the Development Property, the Confluence Council, or the Owner and specifically will not impose special assessments or special charges on the Development Property for the Public Improvements. For the avoidance of easements doubt, nothing in this Agreement shall limit the City’s ability to seek reimbursement of these costs from independent and unrelated sources such as state or federal grants. As to those portions of the Public Improvements on the Development Property and Haymarket Plaza Site: (a) Due to the size, nature of the contemplated development and nature and condition of the Development Property, the Parties recognize and agree that certain public improvements, usually confined to public rights of way, may need to be located outside the public rights of way have been accepted to adequately serve the Development Property and approved by Haymarket Plaza Site. The Parties further agree that the Governing BodyCity, Engineering drawings have been approved through its contractors and engineers, is the appropriate party to construct those portions of the Public Improvements. (b) The Developer and Owner shall grant the City all permanent and construction easements reasonably deemed necessary by the City Engineer, Bond paperwork for all Public Improvements is submitted the construction 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 maintenance of the Public Improvements to be completed according to located on the plans thereof and within Development Property. The Public Improvements shall remain 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 property of the project. Grant City. (c) Subject 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 accordanceSection 5.2, the City shall: Conduct inspections and communicate any deficiencies found on inspections to the Developer so they may cause compliance by builders its agents and contractors with all applicable standards and codes may enter the Development Property for the purposes of constructing any Public Improvements to be located on the Development Property. (d) The City shall construct the Public Improvements, at the City. Be responsible ’s cost and expense. (e) The City shall furnish Owner with both hard copy and digital “as built” plans 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 constructedlocated on the Development Property and Haymarket Plaza Site. The Owner shall not impede the City’s access to the Public Improvements except as expressly agreed by the City in writing. (f) The City and the Owner will, bondedin good faith, further coordinate work, work commencement date, and accepted by the Xxxxxx Springs Governing Body like, so all Public Improvements are complete prior to the opening of the Development for occupancy and all other necessary requirements are complied with, including but not limited to, storm water detention, erosion control, etcuse.

Construction of Public Improvements. No Public Improvements Owner shall construct or cause to be constructed until: The Final Plat has been constructed, at the Owner’s expense all public improvements and appurtenances including but not limited to all Electric and Water infrastructure facilities in the manner set forth in accordance with the MSC’s standards, specifications, accompanying plans, utility/construction and engineering plans hereinafter referred to as “the Utility Plans”, heretofore approved by the Planning CommissionMSC attached hereto as Exhibit A, Dedication and in strict accordance with the ordinances, resolutions, specifications, regulations and standards of the MSC, as well as all other applicable laws. Owner shall be responsible for the timely payment of any and all fees, including, but not limited to obligations due under this Agreement. In the event construction is not completed within twelve (12) months of the date of this Agreement, then all of such improvements and Utility Plan shall be updated, if necessary, in order to comply with current ordinances, resolutions, specifications and regulations. The Owner shall maintain and operate all Electric and Water Infrastructure improvements and appurtenances at the Owner’s expense until the same are accepted by the MSC as set forth in Article 5 and conveyed by deed to the MSC. The Owner shall grant permanent easements to the MSC for the Land upon which the electric and water infrastructure is placed as set forth in the Utility Plan to the extent such improvements are not contained in the right-of-way/easements for the roadway and shall obtain the permanent easements and rights releases required if the electric and water infrastructure abuts or traverses land of persons other than the person holding legal title to the lands of the subdivision and/or development, at the Owner’s expense, and to obtain from the owner of the lands so abutted or traversed full releases from all damages which may change in grade, construction, or otherwise, all improvements, and such releases shall insure to the benefit not only of the owner of the subdivision but to the MSC as well. The Owner shall not be required to provide the MSC an easement for connection of electric services from the road right-of-way stop to the meter on any individual lot, and such connections shall be governed and addressed with separate agreements between the MSC and the individual lot owner. The Owner shall construct and/or otherwise provide, in accordance with the Development Plans and Utility Plans, all street lighting, street name signage, other specified signage and traffic control devices, and pay all costs of electricity for street lighting and other electricity consuming facilities until conveyance by deed to the MSC; Services will not be turned on or meters installed at individual units or locations until the Owner applies for service and all service lines have been accepted inspected and approved by the Governing BodyMSC. Owner or any site contractor(s) shall obtain and keep in force, Engineering drawings have been approved by until the successful completion of this Agreement, Contractors’ Comprehensive General Liability Insurance including Contractual Liability Insurance with the below-referenced minimum coverages. The named insured shall be the Owner , the Owner’s site contractor(s), 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 Developerof New Castle , and the general contractorMSC. In accordance, The name of the Developer shall: Cause Development must be included on the Project and the Public Improvements to be completed according certificate of insurance. Construction shall not commence until insurance certificates are provided to the plans thereof and within the agreed upon schedule submitted by the Developer or Developer’s general contractorMSC. Cause all development at the Site to The insurance certificate shall be completed in compliance with the terms of this Agreement. Exercise reasonable care to cause all construction performed by persons other required no later than the Developer to comply with the terms of this Agreement and the restrictions contained hereinpre-construction meeting. Repair If insurance lapses for 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 accordancereason, the City shall: Conduct inspections and communicate any deficiencies found on inspections to and/or 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 MSC will coordinate with the City Engineer. Not issue any agency having jurisdiction to ensure certificates of occupancy shall not be issued until such time as the Public Improvements are constructedinsurance is in force. a. Bodily Injury Liability - $1,000,000 per person with an aggregate limit of $3,000,000 per occurrence; b. Property Damage Liability - $3,000,000; c. Hazards coverage (site contractor(s) only) (explosion, bondedcollapse, 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, etcunderground); d. Excess or Umbrella Liability - $5,000,000.