Common use of Construction Sequencing Clause in Contracts

Construction Sequencing. Before any construction on the Property in conjunction with the Project occurs, Developer shall cause to be recorded the Declaration. Developer represents and warrants that the Declaration will have priority over any and all mortgages or other encumbrances. The sequencing of construction of the Project (including (without limitation) open space/conservation, commercial and residential portions of the Project) shall be in accordance with the Phasing Plan included in the PDP, as may be amended in conjunction with approval of the Final Development Plan or otherwise. In addition, and not withstanding anything contained herein to the contrary, at such time that construction commences on the Property in conjunction with the Project occurs, such construction shall proceed as follows: All homes, together with all septic tanks, xxxxx and other utilities, that are currently on portions of Pinecrest Drive and Walnut Hills that comprise the Project shall be demolished and removed in accordance with applicable local ordinance and regulation, prior to a building permit being issued for any portion of the Project. Thereafter, the mound and wall to be located within and upon the PD-6 Property, shall be constructed and landscaped substantially in accordance with the Declaration, including (without limitation) the landscape plan by Xxxxxx & Associates, Inc. attached thereto (the “Mound, Wall and Landscaping”). Any grading and installation of underground improvements, as well as utility work elsewhere upon the Property (collectively the “Simultaneous Work”), may be performed simultaneously with the construction and other work relating to the Mound, Wall and Landscaping. Until the Mound, Wall and Landscaping is substantially complete, construction and related work upon the Mound, Wall and Landscaping and the Simultaneous Work, shall only be performed between the hours of 7:30 a.m. and 5:30 p.m., Monday through Friday, provided that, should construction of the Mound, Wall and Landscaping fall behind Developer’s established construction schedule therefor, Developer shall be permitted to perform and conduct construction and related work in connection with the Mound Wall and Landscaping, on no more than one (1) Saturday per calendar month between the hours of 8:00 a.m. and 5:30 p.m. Upon substantial completion of the Mound, Wall and Landscaping, as determined by the Village inspectors, all Simultaneous Work, to the extent then not completed, as well as any and all other construction activities upon or about the Property, may proceed and be performed at such times as are permitted pursuant to Village ordinance. All work performed pursuant to this subsection shall be performed utilizing generally accepted commercial construction practices and procedures; provided, however, that if there exists more than one generally accepted commercial construction practice and procedure to perform any such work that Developer reasonably determines to be of comparable cost, such work shall be performed using the practice and procedure that will cause less interference or disruption to the Waterford Residents. Prior to the construction of any Project Improvements on the Property (including, without limitation grading of any portion of the Property), Developer shall (1) at the request of any Waterford Resident whose property abuts the Property in the PD-6 Sub-District (an “Abutting Waterford Resident”), install a six-foot tall temporary fence, with fabric wind-screening along the eastern property line of said XX-0 Xxx-Xxxxxxxx where same abuts such Abutting Waterford Resident’s property, which temporary fence shall remain in place during and through completion of construction of the Mound, Wall and Landscaping, and (2) arrange for, secure, obtain and provide a payment and performance bond, standby letter of credit that is irrevocable without the Village’s agreement, or other financial guarantee acceptable to, and in favor of, the Village, in an amount determined by the Village to be sufficient to construct and pay for the Mound, Wall and Landscaping, in full, in accordance with the Declaration, including (without limitation) the landscape plan by Xxxxxx & Associates, Inc. If as a result of construction of the Mound, Wall or Landscaping, debris, dust or dirt travels onto the grounds of an Abutting Waterford Resident’s property or windows of such Abutting Waterford Resident’s home, Developer shall, at its expense, upon the reasonable request of such Abutting Waterford Resident, remove such debris, dust or dirt and undertake reasonable and appropriate repairs to the extent such debris, dust or dirt cause tangible damage to such Abutting Waterford Resident’s property. Thereafter, Developer shall construct, install and maintain such temporary and as reasonably necessary, permanent traffic improvements in and around the Project Site, as reasonably determined by the Village, as may be necessary in anticipation of detours, rerouting, and long term traffic disruptions as may arise in conjunction with Project construction, including (without limitation) temporary roadways, signals, and signage, such traffic improvements shall be subject to the Village’s reasonable discretion and approval. Permanent road and traffic improvements set forth in Exhibit D may be implemented as necessary and as they arise, based on the overall Project construction schedule. Thereafter, such site improvements as are necessary for construction of the commercial portion of the Project may be constructed, including (without limitation) grading, installation of drainage and water quality facilities and underground utilities. Thereafter, construction of buildings for tenants, parking, landscape and amenities for Phase 1 of the Project may be constructed; provided, however, that any area where work was performed pursuant to subsection (B) that is outside of an area where other improvements will be made pursuant to this subsection shall be seeded and graded and maintained in such condition until such area is used for other construction activities in conjunction with the Project. Notwithstanding the provisions in the foregoing subparagraph E, the land upon and within Xxx-Xxxxxxxx XX-0 (the “PD-3 Property”), shall be graded, seeded and maintained in such condition until Developer has obtained fully executed leases (which may include but are not limited to, ground leases), with unrelated, independent third parties for commercial space in, on or over all or any portion of the PD-3 Property. Thereafter, construction of parking improvements and paving upon the PD-3 Property shall not commence until Developer is obligated, without reasonable condition or contingency pursuant to the terms of then applicable and effective leases for all or any portion of such PD-3 Property, to construct vertical improvements thereupon. All construction of underground improvements and building shells shall be performed utilizing generally accepted commercial construction practices and procedures; provided, however, that if there exists more than one generally accepted commercial construction practice and procedure to perform any such work that Developer reasonably determines to be of comparable cost, such work shall be performed using the practice and procedure that will cause less interference or disruption to the Waterford Residents.

Construction Sequencing. Before any construction on the Property in conjunction with the Project occurs, the Commercial Developer shall cause to be recorded record the Declaration. Developer represents The Developers represent and warrants warrant that the Declaration will have priority over any and all mortgages or other encumbrances. The sequencing of construction of the Project (including (including, without limitation) , open space/conservation, commercial and residential portions of the Project) shall be in accordance with the Phasing Plan included in the Revised PDP, as may be amended in conjunction with approval of the Final Development Plan or otherwiseotherwise and the Project shall include construction of a parking garage (the “Garage”) in a location substantially in accordance with the Revised PDP, which Garage shall include (a) a roof with no rooftop parking, which roof shall close any gap between the Garage and the adjacent portions of the Walls (as hereinafter defined), and (b) facades with architectural features on portions of its north, south and west sides. In addition, and not withstanding anything contained herein to the contrary, at such time that construction commences on the Property in conjunction with any portion of the Project occursProject, such construction shall proceed as follows: : A. All homes, together with all septic tanks, xxxxx and other utilities, that are currently on portions of Pinecrest Drive and Walnut Hills Road that comprise the Project other than those located on the parcels assigned Cuyahoga County Permanent Parcel Nos. 000-00-000 and 000-00-000 shall be demolished and removed in accordance with applicable local law, ordinance and regulationregulation prior to a building permit being issued for any portion of the Project; provided, however, that in such instances where the seller of a property on Pinecrest Drive or Walnut Hills Road retains possession thereof after closing, the demolition and removal of such a home, together with all septic tanks, xxxxx and other utilities, shall not be required prior to a building permit being issued for any portion of the Project. ThereafterIn such instances, the demolition and removal of such home, together with all septic tanks, xxxxx and other utilities, may be delayed until after the Developers (or either of them) have obtained possession thereof, but in the case of the parcels assigned Cuyahoga County Permanent Parcel Nos. 000-00-000, 000-00-000, 000- 00-000, 000-00-000 and 000-00-000 no later than 190-days after closing on the purchase thereof and in the case of all such other homes no later than 100-days after closing on the purchase thereof. In the event that the Developers (or either of them) acquires those homes located on Permanent Parcel Nos. 000-00-000 or 000-00-000, the Developer acquiring such homes promptly after the acquisition thereof shall cause such homes, together with all septic tanks, xxxxx and other utilities, to be demolished. Demolition and removal of homes, together with all septic tanks, xxxxx and other utilities, that are currently on portions of Pinecrest Drive and Walnut Hills Road that comprise the Project will be performed so as not to unreasonably delay site work at, or construction of, the Commercial Portion of the Project. In the event that the provisions of this Paragraph A are not timely complied with the Village may, in addition to any other rights and remedies available at law or in equity, require the Commercial Developer to immediately cease all work on the Project until the provisions of this Paragraph A have been complied with. Prior to any construction activities in conjunction with the Project, the Commercial Developer shall install a six-foot tall temporary fence, fabric wind-screening along the eastern property line of said XX-0 Xxx-Xxxxxxxx where same abuts the property of a Waterford Resident (an “Abutting Waterford Resident”), which temporary fence shall remain in place during and through completion of construction of the Mound, Walls and Landscaping (as hereinafter defined). Promptly following the demolition and removal of the homes that currently are located on the Property and clearing and grubbing the portion of the Property located in Xxx-Xxxxxxxxx XX- 0 xxxxxxx XX-0, the Commercial Developer shall create a temporary topsoil mound in a portion of the area where the Mound (as hereinafter defined) will be located to prevent debris and construction from coming onto or being seen by the Owners, which temporary mound will have xxxxxx on its east and west sides so as to prevent any water runoff from entering onto the Owners’ property. No construction of above-ground improvements that are part of the Project, other than the construction of the temporary topsoil mound referenced above, the Mound, Walls and Landscaping (as hereinafter defined), the Garage, and the basements and first floors of Buildings 5, 6 and 7 shown in the Revised PDP, shall occur until completion of the Mound and Walls, and any such above-ground improvements relating to Buildings 5, 6 and 7 will in no event, at any time, be visible to the Owners from their properties. The Landscaping will be installed on the Mound promptly during the next planting season following construction of the Mound and Walls. While the homes referenced in this section are being demolished and at all times thereafter prior to completion of the Mound, Walls and Landscaping, the Developers shall take all reasonable action so as to cause the least amount of interference to the Owners. B. After the demolition of all homes, together with all septic tanks, xxxxx and other utilities, that are currently on portions of Pinecrest Drive and Walnut Hills Road that comprise the Project that are required under Subsection (A) above to be demolished prior to a building permit being issued for any portion of the Project, the mound and wall walls to be located within and upon outside the boundaries of the PD-6 Property, shall be constructed and landscaped substantially in accordance with the Declaration, including (without limitation) the landscape plan by Xxxxxx & Associates, Inc. attached thereto (the “Mound, Wall Walls and Landscaping”). Any grading and installation of underground improvements, as well as utility work elsewhere upon the Property (collectively the “Simultaneous Work”), may be performed simultaneously with the construction and other work relating to the Mound, Wall and Landscaping. Until the Mound, Wall and Landscaping is substantially complete, construction and related work upon the Mound, Wall and Landscaping and the Simultaneous Work, shall only be performed between the hours of 7:30 a.m. and 5:30 p.m., Monday through Friday, provided that, should construction of the Mound, Wall and Landscaping fall behind Developer’s established construction schedule therefor, Developer shall be permitted to perform and conduct construction and related work in connection with the Mound Wall and Landscaping, on no more than one (1) Saturday per calendar month between the hours of 8:00 a.m. and 5:30 p.m. Upon substantial completion of the Mound, Wall and Landscaping, as determined by the Village inspectors, all Simultaneous Work, to the extent then not completed, as well as any and all other construction activities upon or about the Property, may proceed and be performed at such times as are permitted pursuant to Village ordinance. All work performed pursuant to this subsection shall be performed utilizing generally accepted commercial construction practices and procedures; provided, however, that if there exists more than one generally accepted commercial construction practice and procedure to perform any such work that Developer reasonably determines to be of comparable costthat, such work shall be performed using the practice and procedure that will cause less interference or disruption Preliminary Grading Plan attached to the Waterford Residents. Prior to the construction of any Project Improvements on the Property (including, without limitation grading of any portion of the Property), Developer shall (1) at the request of any Waterford Resident whose property abuts the Property in the PD-6 Sub-District (an Declaration as Exhibit “Abutting Waterford Resident”), install a six-foot tall temporary fence, with fabric wind-screening along the eastern property line of said XX-0 Xxx-Xxxxxxxx where same abuts such Abutting Waterford Resident’s property, which temporary fence shall remain in place during and through completion of construction of the Mound, Wall and Landscaping, and (2) arrange for, secure, obtain and provide a payment and performance bond, standby letter of credit that is irrevocable without the Village’s agreement, or other financial guarantee acceptable to, and in favor of, the Village, in an amount determined by the Village to be sufficient to construct and pay for the Mound, Wall and Landscaping, in full, in accordance with the Declaration, including (without limitation) E,” the landscape plan by Xxxxxx & Associates, Inc. If attached to the Declaration as a result Exhibit “F,” and/or the wall design shown in the site line drawing attached to the Declaration as Exhibit “G” may be revised by the Declarant under the Declaration pursuant to, subject to and in accordance with the review and Revision Dispute (as defined in the Declaration) procedures set forth in Sections 1(b)(i), 1(b)(ii) and 1(b)(iii) of construction the Declaration, as to each of the Mound, Wall or Walls and Landscaping, debris, dust or dirt travels onto the grounds of an Abutting Waterford Resident’s property or windows of such Abutting Waterford Resident’s home, Developer shall, at its expense, upon the reasonable request of such Abutting Waterford Resident, remove such debris, dust or dirt and undertake reasonable and appropriate repairs to the extent such debris, dust or dirt cause tangible damage to such Abutting Waterford Resident’s property. Thereafter, Developer shall construct, install and maintain such temporary and as reasonably necessary, permanent traffic improvements in and around the Project Site, as reasonably determined by the Village, as may be necessary in anticipation of detours, rerouting, and long term traffic disruptions as may arise in conjunction with Project constructionrespectively, including (without limitation) temporary roadways, signals, and signage, such traffic improvements shall be subject to the Village’s reasonable discretion and approval. Permanent road and traffic improvements set forth in Exhibit D may be implemented as necessary and as they arise, based on the overall Project construction schedule. Thereafter, such site improvements as are necessary for construction of the commercial portion of the Project may be constructed, including (without limitation) grading, installation of drainage and water quality facilities and underground utilities. Thereafter, construction of buildings for tenants, parking, landscape and amenities for Phase 1 of the Project may be constructed; provided, however, that any area where work was performed pursuant to subsection (B) that is outside of an area where other improvements will be made pursuant to this subsection shall be seeded and graded and maintained in such condition until such area is used for other construction activities in conjunction with the Project. Notwithstanding the provisions in the foregoing subparagraph E, the land upon and within Xxx-Xxxxxxxx XX-0 (the “PD-3 Property”), shall be graded, seeded and maintained in such condition until Developer has obtained fully executed leases (which may include but are not limited to, ground leases), with unrelated, independent third parties for commercial space in, on or over all or any portion of the PD-3 Property. Thereafter, construction of parking improvements and paving upon the PD-3 Property shall not commence until Developer is obligated, without reasonable condition or contingency pursuant to the terms of then applicable and effective leases for all or any portion of such PD-3 Propertyright, to construct vertical improvements thereupon. All construction of underground improvements and building shells shall be performed utilizing generally accepted commercial construction practices and procedures; provided, however, that if there exists more than one generally accepted commercial construction practice and procedure to perform any such work that Developer reasonably determines to be of comparable cost, such work shall be performed using the practice and procedure that will cause less interference or disruption to the Waterford Residents.exercised within fifteen

Construction Sequencing. Before any construction on the Property in conjunction with the Project occurs, Developer shall cause to be recorded the Declaration. Developer represents and warrants that the Declaration will have priority over any and all mortgages or other encumbrances. The sequencing of construction of the Project (including (without limitation) open space/conservation, commercial and residential portions of the Project) shall be in accordance with the Phasing Plan included in the PDP, as may be amended in conjunction with approval of the Final Development Plan or otherwise. In addition, and not withstanding anything contained herein to the contrary, at such time that construction commences on the Property in conjunction with the Project occurs, such construction shall proceed as follows: : A. All homes, together with all septic tanks, xxxxx and other utilities, homes that are currently on portions of Pinecrest Drive and Walnut Hills that comprise the Project Property shall be demolished and removed in accordance with applicable local ordinance and regulation, prior to a building permit being issued for any portion of the Project. . B. Thereafter, the mound and wall to be located within and upon the PD-6 Property, shall be constructed and landscaped substantially in accordance with the Declaration, including (without limitation) the landscape plan by Xxxxxx & Associates, Inc. attached thereto (the “Mound, Wall and Landscaping”). Any grading and installation of underground improvements, as well as utility work elsewhere upon the Property (collectively the “Simultaneous Work”), may be performed simultaneously with the construction and other work relating to the Mound, Wall and Landscaping. Until the Mound, Wall and Landscaping is substantially complete, construction and related work upon the Mound, Wall and Landscaping and the Simultaneous Work, shall only be performed between the hours of 7:30 a.m. and 5:30 p.m., Monday through Friday, provided that, should construction of the Mound, Wall and Landscaping fall behind Developer’s established reasonable construction schedule therefor, Developer shall be permitted to perform and conduct construction and related work in connection with the Mound Wall and Landscaping, on no more than one (1) Saturday per calendar month between the hours of 8:00 a.m. and 5:30 p.m. Upon substantial completion of the Mound, Wall and Landscaping, as determined by the Village inspectors, all Simultaneous Work, to the extent then not completed, as well as any and all other construction activities upon or about the Property, may proceed proceeds and be performed at such times as are permitted pursuant to Village ordinance. All work performed pursuant to this subsection shall be performed utilizing generally accepted commercial construction practices and procedures; provided, however, that if there exists more than one generally accepted commercial construction practice and procedure to perform any such work that Developer reasonably determines to be of comparable cost, such work shall be performed using the practice and procedure that will cause less interference or disruption to the Waterford Residents. Prior to the construction of any Project Improvements on the Property (including, without limitation grading of any portion of the Property), Developer shall (1) at the request of any Waterford Resident whose property abuts the Property in the PD-6 Sub-District (an “Abutting Waterford Resident”), install a six-foot tall temporary fence, with fabric wind-screening along the eastern property line of said XX-0 Xxx-Xxxxxxxx where same abuts such Abutting Waterford Resident’s property, which temporary fence shall remain in place during and through completion of construction of the Mound, Wall and Landscaping, and (2) arrange for, secure, obtain and provide a payment and performance bond, standby letter of credit that is irrevocable without the Village’s agreement, or other financial guarantee acceptable to, and in favor of, the Village, in an amount determined by the Village to be sufficient to construct and pay for the Mound, Wall and Landscaping, in full, in accordance with the Declaration, including (without limitation) the landscape plan by Xxxxxx & Associates, Inc. If as a result of construction of the Mound, Wall or Landscaping, debris, dust or dirt travels onto the grounds of an Abutting Waterford Resident’s property or windows of such Abutting Waterford Resident’s home, Developer shall, at its expense, upon the reasonable request of such Abutting Waterford Resident, remove such debris, dust or dirt and undertake reasonable and appropriate repairs to the extent such debris, dust or dirt cause tangible damage to such Abutting Waterford Resident’s property. dirt. C. Thereafter, Developer shall construct, install and maintain such temporary and as reasonably necessary, permanent traffic improvements in and around the Project Site, as reasonably determined by the Village, as may be necessary in anticipation of detours, rerouting, and long term traffic disruptions as may arise in conjunction with Project construction, including (without limitation) temporary roadways, signals, and signage, such traffic improvements shall be subject to the Village’s reasonable discretion and approval. Permanent road and traffic improvements set forth in Exhibit D may be implemented as necessary and as they arise, based on the overall Project construction schedule. . D. Thereafter, such site improvements as are necessary for construction of the commercial portion of the Project may be constructed, including (without limitation) grading, installation of drainage and water quality facilities and underground utilities. . E. Thereafter, construction of buildings for tenants, parking, landscape and amenities for Phase 1 of the Project may be constructed; provided, however, that any area where work was performed pursuant to subsection (B) that is outside of an area where other improvements will be made pursuant to this subsection shall be seeded and graded and maintained in such condition until such area is used for other construction activities in conjunction with the Project. . F. Notwithstanding the provisions in the foregoing subparagraph E, the land upon and within Xxx-Xxxxxxxx XX-0 (the “PD-3 Property”), shall be graded, seeded and maintained in such condition until Developer has obtained fully executed leases (which may include but are not limited to, ground leases), with unrelated, independent third parties for commercial space in, on or over all or any portion of the PD-3 Property. Thereafter, construction of parking improvements and paving upon the PD-3 Property shall not commence until Developer is obligated, without reasonable condition or contingency pursuant to the terms of then applicable and effective leases for all or any portion of such PD-3 Property, to construct vertical improvements thereupon. All construction of underground improvements and building shells shall be performed utilizing generally accepted commercial construction practices and procedures; provided, however, that if there exists more than one generally accepted commercial construction practice and procedure to perform any such work that Developer reasonably determines to be of comparable cost, such work shall be performed using the practice and procedure that will cause less interference or disruption to the Waterford Residents.

Construction Sequencing. Before any construction on the Property in conjunction with the Project occurs, Developer shall cause to be recorded the Declaration. Developer represents and warrants that the Declaration will have priority over any and all mortgages or other encumbrances. The sequencing of construction of the Project (including (without limitation) open space/conservation, commercial and residential portions of the Project) shall be in accordance with the Phasing Plan included in the PDP, as may be amended in conjunction with approval of the Final Development Plan or otherwise. In addition, and not withstanding anything contained herein to the contrary, at such time that construction commences on the Property in conjunction with the Project occurs, such construction shall proceed as follows: : A. All homes, together with all septic tanks, xxxxx and other utilities, that are currently on portions of Pinecrest Drive and Walnut Hills that comprise the Project shall be demolished and removed in accordance with applicable local ordinance and regulation, prior to a building permit being issued for any portion of the Project. . B. Thereafter, the mound and wall to be located within and upon the PD-6 Property, shall be constructed and landscaped substantially in accordance with the Declaration, including (without limitation) the landscape plan by Xxxxxx & Associates, Inc. attached thereto (the “Mound, Wall and Landscaping”). Any grading and installation of underground improvements, as well as utility work elsewhere upon the Property (collectively the “Simultaneous Work”), may be performed simultaneously with the construction and other work relating to the Mound, Wall and Landscaping. Until the Mound, Wall and Landscaping is substantially complete, construction and related work upon the Mound, Wall and Landscaping and the Simultaneous Work, shall only be performed between the hours of 7:30 a.m. and 5:30 p.m., Monday through Friday, provided that, should construction of the Mound, Wall and Landscaping fall behind Developer’s established construction schedule therefor, Developer shall be permitted to perform and conduct construction and related work in connection with the Mound Wall and Landscaping, on no more than one (1) Saturday per calendar month between the hours of 8:00 a.m. and 5:30 p.m. Upon substantial completion of the Mound, Wall and Landscaping, as determined by the Village inspectors, all Simultaneous Work, to the extent then not completed, as well as any and all other construction activities upon or about the Property, may proceed and be performed at such times as are permitted pursuant to Village ordinance. All work performed pursuant to this subsection shall be performed utilizing generally accepted commercial construction practices and procedures; provided, however, that if there exists more than one generally accepted commercial construction practice and procedure to perform any such work that Developer reasonably determines to be of comparable cost, such work shall be performed using the practice and procedure that will cause less interference or disruption to the Waterford Residents. Prior to the construction of any Project Improvements on the Property (including, without limitation grading of any portion of the Property), Developer shall (1) at the request of any Waterford Resident whose property abuts the Property in the PD-6 Sub-District (an “Abutting Waterford Resident”), install a six-foot tall temporary fence, with fabric wind-screening along the eastern property line of said XX-0 Xxx-Xxxxxxxx where same abuts such Abutting Waterford Resident’s property, which temporary fence shall remain in place during and through completion of construction of the Mound, Wall and Landscaping, and (2) arrange for, secure, obtain and provide a payment and performance bond, standby letter of credit that is irrevocable without the Village’s agreement, or other financial guarantee acceptable to, and in favor of, the Village, in an amount determined by the Village to be sufficient to construct and pay for the Mound, Wall and Landscaping, in full, in accordance with the Declaration, including (without limitation) the landscape plan by Xxxxxx & Associates, Inc. If as a result of construction of the Mound, Wall or Landscaping, debris, dust or dirt travels onto the grounds of an Abutting Waterford Resident’s property or windows of such Abutting Waterford Resident’s home, Developer shall, at its expense, upon the reasonable request of such Abutting Waterford Resident, remove such debris, dust or dirt and undertake reasonable and appropriate repairs to the extent such debris, dust or dirt cause tangible damage to such Abutting Waterford Resident’s property. . C. Thereafter, Developer shall construct, install and maintain such temporary and as reasonably necessary, permanent traffic improvements in and around the Project Site, as reasonably determined by the Village, as may be necessary in anticipation of detours, rerouting, and long term traffic disruptions as may arise in conjunction with Project construction, including (without limitation) temporary roadways, signals, and signage, such traffic improvements shall be subject to the Village’s reasonable discretion and approval. Permanent road and traffic improvements set forth in Exhibit D may be implemented as necessary and as they arise, based on the overall Project construction schedule. . D. Thereafter, such site improvements as are necessary for construction of the commercial portion of the Project may be constructed, including (without limitation) grading, installation of drainage and water quality facilities and underground utilities. . E. Thereafter, construction of buildings for tenants, parking, landscape and amenities for Phase 1 of the Project may be constructed; provided, however, that any area where work was performed pursuant to subsection (B) that is outside of an area where other improvements will be made pursuant to this subsection shall be seeded and graded and maintained in such condition until such area is used for other construction activities in conjunction with the Project. . F. Notwithstanding the provisions in the foregoing subparagraph E, the land upon and within Xxx-Xxxxxxxx XX-0 (the “PD-3 Property”), shall be graded, seeded and maintained in such condition until Developer has obtained fully executed leases (which may include but are not limited to, ground leases), with unrelated, independent third parties for commercial space in, on or over all or any portion of the PD-3 Property. Thereafter, construction of parking improvements and paving upon the PD-3 Property shall not commence until Developer is obligated, without reasonable condition or contingency pursuant to the terms of then applicable and effective leases for all or any portion of such PD-3 Property, to construct vertical improvements thereupon. All construction of underground improvements and building shells shall be performed utilizing generally accepted commercial construction practices and procedures; provided, however, that if there exists more than one generally accepted commercial construction practice and procedure to perform any such work that Developer reasonably determines to be of comparable cost, such work shall be performed using the practice and procedure that will cause less interference or disruption to the Waterford Residents.