Covenants of the Developer Sample Clauses
The "Covenants of the Developer" clause sets out the specific promises and obligations that the developer must fulfill under the agreement. These covenants typically include requirements such as adhering to construction timelines, complying with applicable laws and regulations, maintaining quality standards, and obtaining necessary permits. For example, the developer may be required to complete the project by a certain date and ensure all work meets agreed-upon specifications. The core function of this clause is to clearly define the developer’s responsibilities, thereby protecting the interests of the other party and ensuring the project proceeds as intended.
Covenants of the Developer. The Developer shall at all times it controls all or any part of the Development Area:
(a) keep and maintain the Development Area in compliance with, and shall not cause or permit such property to be in violation of, any Environmental Laws; (b) not engage in or otherwise permit the occurrence of any Hazardous Substance Activity on the Development Area except in compliance with all applicable Environmental Laws; (c) immediately advise the Municipality in writing of (i) any and all enforcement, cleanup, removal, mitigation or other governmental or regulatory acts instituted, contemplated or threatened pursuant to any Environmental Laws affecting the Development Area, (ii) all claims made or threatened by any third party against the Developer or such property relating to the damage, contribution, cost recovery, compensation, loss or injury resulting from any Hazardous Substance Activity (the matters set forth in clauses (i) and (ii) above hereinafter being referred to as “Hazardous Materials Claims”), (iii) the Developer's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Development Area that could cause such property or any part thereof to be the subject of a claim or cause of action under any Environmental Laws, or the Developer's receipt of any notice in connection with the foregoing, and (iv) the Developer's discovery of any occurrence or condition on the property subject to this Agreement or any real property adjoining or in the vicinity of the Development Area and such property which could subject the Developer or such property to any restrictions on ownership, occupancy, transferability or use of such property under any Environmental Laws.
Covenants of the Developer a. The Developer shall install the Community Facilities for the Subdivision at no cost to the City. The Community Facilities shall include the items shown on the construction plans and specifications as released for construction by the City.
b. The Developer shall employ the Developer’s own engineer to prepare the plans and specifications for the Community Facilities, and all engineering work shall comply with the requirements of the City’s Subdivision Ordinance and Design Standards Manual. The Developer’s engineer shall be a civil engineer licensed to practice in Texas. All plans and specifications prepared by the Developer’s engineer must be released for construction in writing by the City Engineer of the City before the construction contract for the Community Facilities is entered.
c. The Developer shall construct and install the Community Facilities in accordance with the plans and specifications prepared by the Developer’s engineer and released for construction by the City Engineer, and the procedures, specifications and standards contained in the Subdivision Ordinance and Design Standards Manual of the City. In general, the construction shall follow provisions of the “Standard Specifications for Public Works Construction, North Central Texas,” as amended, published by the North Central Texas Council of Governments, except however, when specific circumstances dictate additional requirements, it shall be the responsibility of the Developer’s engineer to provide the necessary details for construction acceptable to the City Engineer. The “Standard Specifications for Public Works Construction, North Central Texas,” as amended, are incorporated in this Contract by reference and made a part hereof, and the Developer may obtain a copy from the North Central Texas Council of Governments. The Developer shall perform all work in a good and workmanlike manner and to the satisfaction of the City Engineer.
d. The Developer shall meet the City’s requirements for all work to be performed by persons that are licensed and bonded, and shall provide a financial statement, demonstrate experience, and utilize equipment acceptable to the City.
e. Before commencing construction, the Developer shall deliver to the City Engineer a signed copy of the contract for construction of the Community Facilities. It is agreed that the City has an interest in the proper performance of the construction contract and may bring suit for failure to comply with the plans and specifications. T...
Covenants of the Developer. 14.01 The Developer will (a) observe, abide by and comply with all laws, by-laws, ordinances, regulations, orders and directions of any Regulatory Authority or Government Agency, in any way affecting the Improvements, the use and occupation of the Controlled Recreation Area and the operation of the Developer’s business;
Covenants of the Developer. (1) The Developer shall cause the Project to be constructed in accordance with the terms of this Agreement, the Redevelopment Plan, and all applicable local, state and federal laws and regulations (including, but not limited to, environmental, zoning, energy conservation, building code and public health laws and regulations).
(2) The Developer will cooperate fully with the EDA with respect to any litigation commenced with respect to the Project.
(3) The Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Project.
(4) The construction of the Project shall commence no later than June 30, 2024, subject to Unavoidable Delays, and barring Unavoidable Delays, will be substantially completed by December 31, 2025.
(5) The Developer will obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Project may be lawfully constructed.
Covenants of the Developer. 2.1 The Developer covenants and agrees:
(a) to install, construct, complete and maintain the Works as set out herein;
(b) to pay to the District upon execution of this Agreement a non-refundable Administration and Site Servicing Review fee in the amount of 4 percent of total costs of all Works;
(c) as security for the due and proper performance by the Developer of all of the covenants, agreements and obligations of the Developer in this Agreement, the Developer has deposited with the District by cash the sum of $600,000.00 to secure the obligation of the Developer to construct the Works (the “Deposit”);
(d) that the Deposit, less the amount required to be retained by the District pursuant to Article 5 will only be returned to the Developer upon completion of the Works in accordance with this Agreement; and
(e) that no interest on the Deposit shall be paid to the Developer.
2.2 The Developer further covenants and agrees:
(a) not to commence the construction or installation of the Civil Works without first advising the Engineer in writing at least 14 days before commencement; and
(b) after notifying the District and at least 7 days before commencing construction and installation of the Civil Works, as the case may be, to deliver a letter to all owners and occupiers of properties that are immediately adjacent to the Lands advising of the date that construction and installation of the said Works will commence, describing in general terms the nature of the said Works and providing the name, and telephone number of the Developer’s contact, and to deliver a copy of said letter to the District.
2.3 In carrying out the Works the Developer covenants and agrees:
(a) to construct, install and complete the Street Landscaping in accordance with the Landscape Plan and to the District’s standards for these Works;
(b) to construct, install and complete the Civil Works and any other part of the Works not referred to in subsection 2.3(a) in accordance with all of the plans and specifications attached to or referenced in Schedule "C" and to the District’s standards for such Works and in accordance with the Subdivision Requirements (the “Approved Civil Works Design and Specifications”);
(c) to obtain prior written approval of the Engineer for any changes to the Approved Civil Works Design and Specifications and to obtain prior written approval of the Director for any changes to the Landscape Plan;
(d) to comply with any changes to the Approved Civil Works Design and Specificat...
Covenants of the Developer. Developer hereby covenants with the Seller, from and after the Effective Date and through the Closing Date (or such other specified date), that Developer will faithfully perform its obligations under this Agreement.
Covenants of the Developer. The Developer makes the following covenants for the benefit of the Community Facilities District and the City:
Covenants of the Developer. Following issuance of the Certificate of Completion with respect to the Minimum Improvements, the Developer agrees with the City as follows:
Covenants of the Developer. The Developer hereby covenants to maintain and perform the following throughout the term of this Agreement, which term shall be ninety-nine (99) years, and which covenants shall extend to any successor in interest or assigns:
Covenants of the Developer. Section 8.1 Covenants of the Developer 13