Common use of Dedication Clause in Contracts

Dedication. A. Subject to all of the other provisions of this Agreement and the Exhibits hereto attached, the Developer shall, without charge to the City, upon completion of all of the above-described improvements, unconditionally give, grant, convey and fully dedicate the same to the City, its successors an assigns, forever, free and clear of all encumbrances whatever, together with, all structures, mains, conduits, pipes, lines, equipment and appurtenances which may in any way be part of or pertain to such improvements and together with any and all necessary easements for access thereto. After such dedication, the City shall be responsible for all maintenance and improvements to said facilities and shall have the right to connect or integrate other sewer or water facilities with those facilities provided hereunder as the City decides, with no payment or award to, or consent required of, the Developer. The Developer agrees to file with the City an Irrevocable Letter of Credit from a lending institution approved by the City issued in favor of the City, prior to the commencement of construction, in an amount equal to the costs of all improvements plus ten percent for each phase in a form reasonably approved by the City Engineer and City Attorney. No construction shall commence until such a Letter of Credit is on file with the City. The Letter of Credit shall be in an amount sufficient to pay any costs incurred by the City for completion of all improvements in each applicable phase (see Section I) to include all survey monuments in accordance with Section III herein. The Letter of Credit shall be released when the requirements of this Developer’s Agreement are fulfilled or within fourteen months after final completion of improvements, whichever comes later. The Developer agrees to provide the City Engineer with the Statement of Costs discussed in Section III, which shall be approved by the City Engineer prior to furnishing the Letter of Credit. Dedication shall not constitute acceptance of any Improvement by the City. All improvements will be accepted by the City by separate resolution at such time as said improvements are in acceptable form and conform to City specifications after the issuance of an appropriate letter of acceptance by the City Engineer. The City agrees to accept or reject any improvements within forty-five (45) days after the same are submitted to the City unless otherwise mutually agreed. The Developer agrees that the Public Improvements will not be accepted by the City until all outstanding charges to be paid by the Developer under the Ordinances have been paid in full and affidavits and lien waivers are received by the City indicating that all contractors (and subcontractors, laborers, materialmen, etc.) providing work, services or materials in connection with the Public Improvements have been paid in full for such work, services and materials.

Dedication. A. Subject to all of the other provisions of this Agreement and the Exhibits hereto attached, the Developer shall, without charge to the City, upon completion of all of the above-above- described improvements, unconditionally give, grant, convey and fully dedicate the same to the City, its successors an assigns, forever, free and clear of all encumbrances whatever, together with, all structures, mains, conduits, pipes, lines, equipment and appurtenances which may in any way be part of or pertain to such improvements and together with any and all necessary easements for access thereto. After such dedicationdedication and acceptance by the City, the City shall be responsible for all maintenance and improvements to said facilities and shall have the right to connect or integrate other sewer or water facilities with those facilities provided hereunder as the City decides, with no payment or award to, or consent required of, the Developer. The Developer agrees to file with the City an Irrevocable Letter of Credit from a lending institution approved by the City issued in favor of the City, prior to the commencement of construction, in an amount equal to the costs of all improvements plus ten percent for each phase in a form reasonably approved by the City Engineer and City Attorney. No construction shall commence until such a Letter of Credit is on file with the City. The Letter of Credit shall be in an amount sufficient to pay any costs incurred by the City for completion of all improvements in each applicable phase (see Section I) to include all survey monuments in accordance with Section III herein. The Letter of Credit shall be released when the requirements of this Developer’s 's Agreement are fulfilled or within fourteen months after final completion of improvements, whichever comes later. The Developer agrees to provide the City Engineer with the Statement of Costs discussed in Section III, which shall be approved by the City Engineer prior to furnishing the Letter of Credit. Dedication shall not constitute acceptance of any Improvement by the City. All improvements will be accepted by the City by separate resolution at such time as said improvements are in acceptable form and conform to City specifications after the issuance of an appropriate letter of acceptance by the City Engineer. The City agrees to accept or reject any improvements within forty-five (45) days after the same are submitted to the City unless otherwise mutually agreed. The Developer agrees that the Public Improvements will not be accepted by the City until all outstanding charges to be paid by the Developer under the Ordinances have been paid in full and affidavits and lien waivers are received by the City indicating that all contractors (and subcontractors, laborers, materialmen, etc.) providing work, services or materials in connection with the Public Improvements have been paid in full for such work, services and materials.

Dedication. A. Subject to all of the other provisions of this Agreement and the Exhibits hereto attached, the Developer shall, without charge to the City, upon completion of all of the above-described improvements, unconditionally give, grant, convey and fully dedicate the same to the City, its successors an assigns, forever, free and clear of all encumbrances whatever, together with, all structures, mains, conduits, pipes, lines, equipment and appurtenances which may in any way be part of or pertain to such improvements and together with any and all necessary easements for access thereto. After such dedication, the City shall be responsible for all maintenance and improvements to said facilities and shall have the right to connect or integrate other sewer or water facilities with those facilities provided hereunder as the City decides, with no payment or award to, or consent required of, the Developer. The Developer agrees to file with the City an Irrevocable Letter of Credit from a lending institution approved by the City issued in favor of the City, prior to the commencement of construction, in an amount equal to the costs of all improvements plus ten percent for each phase in a form reasonably approved by the City Engineer and City Attorney. No construction shall commence until such a Letter of Credit is on file with the City. The Letter of Credit shall be in an amount sufficient to pay any costs incurred by the City for completion of all improvements in each applicable phase (see Section I) to include all survey monuments in accordance with Section III herein. The Letter of Credit shall be released when the requirements of this Developer’s Agreement are fulfilled or within fourteen months month after final completion of improvements, whichever comes later. The Developer agrees to provide the City Engineer with the Statement of Costs discussed in Section III, which shall be approved by the City Engineer prior to furnishing the Letter of Credit. Dedication shall not constitute acceptance of any Improvement by the City. All improvements will be accepted by the City by separate resolution at such time as said improvements are in acceptable form and conform to City specifications after the issuance of an appropriate letter of acceptance by the City Engineer. The City agrees to accept or reject any improvements within forty-five (45) days after the same are submitted to the City unless otherwise mutually agreed. The Developer agrees that the Public Improvements will not be accepted by the City until all outstanding charges to be paid by the Developer under the Ordinances have been paid in full and affidavits and lien waivers are received by the City indicating that all contractors (and subcontractors, laborers, materialmen, etc.) providing work, services or materials in connection with the Public Improvements have haven’t been paid in full for such work, services and materials. The City further agrees to accept the assignment of Xxxxxxxxx’s interest in the Stormwater Facilities Easement Agreement dated December 7, 2017 between the Developer as Grantee and Xxxxxx Farms, Inc. as Grantor dated December 7, 2017 when the stormwater facilities referenced in that agreement have been completed and approved by the City Engineer.

Dedication. A. Subject to all of the other provisions of this Agreement AGREEMENT and the Exhibits hereto attached, the Developer DEVELOPER shall, without charge to the CityCITY, upon completion of all of the above-described public improvements, unconditionally give, grant, convey and fully dedicate the same to the CityCITY, its successors an and assigns, forever, free and clear of all encumbrances whatever, together with, all structures, mains, conduits, pipes, lines, equipment and appurtenances which may in any way be part of or pertain to such improvements and together with any and all necessary easements for access thereto. After such dedication, the City CITY shall be responsible for all maintenance and improvements to said facilities and shall have the right to connect or integrate other sewer or water facilities with those facilities provided hereunder as the City CITY decides, with no payment or award to, or consent required of, the DeveloperDEVELOPER. The Developer DEVELOPER agrees to file with the City CITY an Irrevocable Letter of Credit from a lending institution approved by the City CITY issued in favor of the CityCITY, prior to the commencement of construction, in an amount equal to the costs of all public improvements set forth herein plus ten percent for each phase in a form reasonably approved by the City Engineer and City Attorney. No construction shall commence until such a Letter of Credit is on file with the CityCITY. The Letter of Credit shall be in an amount sufficient to pay any costs incurred by the City CITY for completion of all public improvements in each applicable phase (see Section IV) to include all survey monuments in accordance with Section III herein. The Letter of Credit shall be released when the requirements of this Developer’s Agreement set forth herein are fulfilled or within fourteen months after final completion of improvements, whichever comes later. The Developer DEVELOPER agrees to provide the City Engineer with the Statement of Costs discussed in Section IIIVII, which shall be approved by the City Engineer prior to furnishing the Letter of Credit. Dedication shall not constitute acceptance of any Improvement by the CityCITY. All improvements will be promptly accepted by the City CITY by separate resolution at such time as said improvements are in acceptable form and conform to City CITY specifications after the issuance of an appropriate letter of acceptance by the City CITY Engineer. The City CITY agrees to accept or reject any improvements within forty-five (45) days after the same are submitted to the City CITY unless otherwise mutually agreed. The Developer DEVELOPER agrees that the Public Improvements public improvements will not be accepted by the City CITY until all outstanding charges to be paid by the Developer DEVELOPER under the Ordinances have been paid in full and affidavits and lien waivers are received by the City CITY indicating that all contractors (and subcontractors, laborers, materialmen, etc.) providing work, services or materials in connection with the Public Improvements public improvements have been paid in full for such work, services and materials.

Dedication. A. Subject to all of the other provisions of this Agreement and the Exhibits hereto attached, the Developer shall, without charge to the City, upon completion of all of the above-described improvements, unconditionally give, grant, convey and fully dedicate the same to the City, its successors an assigns, forever, free and clear of all encumbrances whatever, together with, all structures, mains, conduits, pipes, lines, equipment and appurtenances which may in any way be part of or pertain to such improvements and together with any and all necessary easements for access thereto. After such dedication, the City shall be responsible for all maintenance and improvements to said facilities and shall have the right to connect or integrate other sewer or water facilities with those facilities provided hereunder as the City decides, with no payment or award to, or consent required of, the Developer. The Developer agrees to file with the City an Irrevocable Letter of Credit from a lending institution approved by the City issued in favor of the City, prior to the commencement of construction, in an amount equal to the costs of all improvements plus ten percent for each phase in a form reasonably approved by the City Engineer and City Attorney. No construction shall commence until such a Letter of Credit is on file with the City. The Letter of Credit shall be in an amount sufficient to pay any costs incurred by the City for completion of all improvements in each applicable phase (see Section I) to include all survey monuments in accordance with Section III herein. The Letter of Credit shall be released when the requirements of this Developer’s Agreement are fulfilled or within fourteen months month after final completion of improvements, whichever comes later. The Developer agrees to provide the City Engineer with the Statement of Costs discussed in Section III, which shall be approved by the City Engineer prior to furnishing the Letter of Credit. Dedication shall not constitute acceptance of any Improvement by the City. All improvements will be accepted by the City by separate resolution at such time as said improvements are in acceptable form and conform to City specifications after the issuance of an appropriate letter of acceptance by the City Engineer. The City agrees to accept or reject any improvements within forty-five (45) days after the same are submitted to the City unless otherwise mutually agreed. The Developer agrees that the Public Improvements will not be accepted by the City until all outstanding charges to be paid by the Developer under the Ordinances have been paid in full and affidavits and lien waivers are received by the City indicating that all contractors (and subcontractors, laborers, materialmen, etc.) providing work, services or materials in connection with the Public Improvements have haven’t been paid in full for such work, services and materials. The City further agrees to accept the assignment of Developer’s interest in the Stormwater Facilities Easement Agreement dated December 7, 2017 between the Developer as Grantee and Xxxxxx Farms, Inc. as Grantor dated December 7, 2017 when the stormwater facilities referenced in that agreement have been completed and approved by the City Engineer.

Dedication. A. Subject to all of the other provisions of this Agreement and the Exhibits hereto attached, the Developer shall, without charge to the City, upon completion of all of the above-described improvements, unconditionally give, grant, convey and fully dedicate the same to the City, its successors an assigns, forever, free and clear of all encumbrances whatever, together with, all structures, mains, conduits, pipes, lines, equipment and appurtenances which may in any way be part of or pertain to such improvements and together with any and all necessary easements for access thereto. After such dedication, the City shall be responsible for all maintenance and improvements to said facilities and shall have the right to connect or integrate other sewer or water facilities with those facilities provided hereunder as the City decides, with no payment or award to, or consent required of, the Developer. The Developer agrees to file with the City an Irrevocable Letter of Credit from a lending institution approved by the City issued in favor of the City, prior to the commencement of construction, in an amount equal to the costs of all improvements plus ten percent for each phase in a form reasonably approved by the City Engineer and City Attorney. No construction shall commence until such a Letter of Credit is on file with the City. The Letter of Credit shall be in an amount sufficient to pay any costs incurred by the City for completion of all improvements in each applicable phase (see Section I) to include all survey monuments in accordance with Section III herein. The Letter of Credit shall be released when the requirements of this Developer’s Agreement are fulfilled or within fourteen months month after final completion of improvements, whichever comes later. The Developer agrees to provide the City Engineer with the Statement of Costs discussed in Section III, which shall be approved by the City Engineer prior to furnishing the Letter of Credit. Dedication shall not constitute acceptance of any Improvement by the City. All improvements will be accepted by the City by separate resolution at such time as said improvements are in acceptable form and conform to City specifications after the issuance of an appropriate letter of acceptance by the City Engineer. The City agrees to accept or reject any improvements within forty-forty- five (45) days after the same are submitted to the City unless otherwise mutually agreed. The Developer agrees that the Public Improvements will not be accepted by the City until all outstanding charges to be paid by the Developer under the Ordinances have been paid in full and affidavits and lien waivers are received by the City indicating that all contractors (and subcontractors, laborers, materialmen, etc.) providing work, services or materials in connection with the Public Improvements have been paid in full for such work, services and materials.

Dedication. A. Subject to all of the other provisions of this Agreement and the Exhibits hereto attached, the Developer shall, without charge to the City, upon completion of all of the above-described improvementsimprovements for each phase, unconditionally give, grant, convey and fully dedicate the same to the City, its successors an assigns, forever, free and clear of all encumbrances whatever, together with, all structures, mains, conduits, pipes, lines, equipment and appurtenances which may in any way be part of or pertain to such improvements and together with any and all necessary easements for access thereto. After such dedication, the City shall be responsible for all maintenance and improvements to said facilities and shall have the right to connect or integrate other sewer or water facilities with those facilities provided hereunder as the City decides, with no payment or award to, or consent required of, the Developer. The Developer agrees to file with the City an Irrevocable Letter of Credit from a lending institution approved by the City issued in favor of the City, prior to the commencement of construction, in an amount equal to the costs of all improvements plus ten percent for each phase in a form reasonably approved by the City Engineer and City Attorney. No construction shall commence until such a Letter of Credit is on file with the City. The Letter of Credit shall be in an amount sufficient to pay any costs incurred by the City for completion of all improvements in each applicable phase (see Section I) to include all survey monuments in accordance with Section III herein. The Letter of Credit shall be released when the requirements of this Developer’s Agreement are fulfilled or within fourteen months after final completion of improvements, whichever comes later. The Developer agrees to provide the City Engineer with the Statement of Costs discussed in Section III, which shall be approved by the City Engineer prior to furnishing the Letter of Credit. Dedication shall not constitute acceptance of any Improvement by the City. All improvements will be accepted by the City by separate resolution at such time as said improvements are in acceptable form and conform to City specifications after the issuance of an appropriate letter of acceptance by the City Engineer. The City agrees to accept or reject any improvements within forty-five (45) days after the same are submitted to the City unless otherwise mutually agreed. The Developer agrees that the Public Improvements will not be accepted by the City until all outstanding charges to be paid by the Developer under the Ordinances have been paid in full and affidavits and lien waivers are received by the City indicating that all contractors (and subcontractors, laborers, materialmen, etc.) providing work, services or materials in connection with the Public Improvements have haven’t been paid in full for such work, services and materials. The City further agrees to accept the assignment of Xxxxxxxxx’s interest in the Stormwater Facilities Easement Agreement dated December 7, 2017 between the Developer as Grantee and Xxxxxx Farms, Inc. as Grantor dated December 7, 2017 when the stormwater facilities referenced in that agreement have been completed and approved by the City Engineer.