Developer Agreements. Nothing in this Agreement shall exempt Developer from completing work required by a subdivision agreement, road improvement agreement, or similar agreement in accordance with the terms thereof.
Developer Agreements. 6.1 Developer shall develop the Property consistent with (i) this Agreement, (ii) the Prior Approvals, (iii) the onsite and offsite improvements to be made to the Property, and (iv) all Subsequent Approvals for which it was the applicant or a successor in interest to the applicant. The parties acknowledged that that Project phases may be constructed in any order. The parties further acknowledge that development of the Property and the order in which proposed improvements are built are dependent on the availability of adequate funding, market conditions and the subjective judgment of Developer. Developer will engage in a good faith effort to raise adequate funds. However, Developer is not obligated to build any improvements or any phase or portion thereof if adequate funding is not available or if market conditions are not satisfactory to Developer in its sole discretion; provided, however, that for any phase or portion thereof constructed, Developer shall be required to comply with any requirements imposed by City and accepted by Developer during the Building plan check process, as well as any associated infrastructure improvements required by this Agreement, the Prior Approvals and any Subsequent Approvals.
Developer Agreements. The following amendments are hereby made to the respective provisions of Paragraph 4 of the Development Agreement:
Developer Agreements. Developer shall build and construct a two- story mixed-use building on Lot 3, together with public parking infrastructure and related improvements on Lot 4. Lot 4 shall be utilized exclusively for free public parking, containing no less than 106 parking spaces, which use shall remain in perpetuity, regardless of whether or not an easement is recorded for such use. Developer’s improvements for Lot 3 and Lot 4 shall be subject to Litchfield Park’s normal plan submittal, review and approval process, day-to-day inspection services and Litchfield Park’s financial assurance requirements. Developer’s Off-Site Improvement obligations for Lot 4 as detailed on Exhibit “E” to the Development Agreement are incorporated herein, and include: (1) the construction of at least 106 parking spaces and a trash enclosure; (2) the inclusion of an extension to Fairway Drive with an entrance-only connection to Fairway Drive, and an extension toward Desert Avenue to connect to a Litchfield Park built driveway, extending north from the Village Parkway /Desert Avenue traffic circle, all in accordance with the preliminary designs prepared by Litchfield Park or as may be amended and agreed to by the Parties; (3) parking lot improvements shall be provided with required pavement and striping to delineate parking spaces and drive aisles, lighting, and landscaping to Litchfield Park’s standards; and (4) the installation of a bike rack between the buildings and the parking lot as specified by Litchfield Park. Developer agrees to construct curb, gutter, asphalt, and parking improvements north of the northern boundary of the Lot 4 property line located between northern boundary of Lot 4 and Fairway Drive. Litchfield Park will reimburse Developer for the cost of the installation of the asphalt inside curb and gutter between northern boundary of Lot 4 and Fairway Drive. All other Developer Off- Site Improvements not included herein for Lot 4 shall remain an obligation under the Development Agreement. Developer shall combine Lot 3 and Lot 4 into one lot within 180 days of closing, however, any such combination shall require the original area of Lot 4 to be utilized exclusively for free public parking in perpetuity. Litchfield Park, if it deems it necessary, shall have the right at any time in the future, and at no cost, to record a public access easement on the area of Lot 3 that is reserved and improved for public parking and access connections to other Litchfield Square rights-of-way.
Developer Agreements. The requirements of this Subsection 5.b shall be provided for in a written agreement binding upon the Village and the Village’s contractor, or upon the developer and the developer’s contractor, which shall be enforceable by the City or the Racine Utility and which must be approved by the Racine Utility prior to commencement of construction or installation of the Local Water Facilities. The Village shall not permit work to commence on any Local Water Facilities
Developer Agreements. For the purpose of developing the roadway network, the County has negotiated and developed individual road improvement and financing agreements with various individuals. These agreements shall be assigned to the City. Where roadway projects exist that fall within one or more TIP districts and/or where such projects fall within the jurisdictions of both the City and the County, both agencies shall be a part of any and all negotiations. The City shall agree to be a signatory on all future agreements entered into by the County.
Developer Agreements. The City will assign to the PUD, on the Title Transfer Date, all the City’s rights and obligations under the developers’ reimbursement agreements and other payback agreements in existence prior to the Title Transfer Date. The City shall assist the PUD staff to understand the extent of the obligations and timing of payments under such agreements, and the City shall take any other actions necessary to transfer those agreements fully and effectively to the PUD. No such agreements currently exist to the best knowledge of the City.
Developer Agreements. (a) The terms and conditions for the payments required by subdivisions (l) and (m) of this Section shall be those contained in a promissory note in the form of Exhibit B ("the Promissory Note"), which shall be secured by a deed of trust and rider to deed of trust in the form of Exhibit C ("the Deed of Trust") , both of which are attached to this Agreement and by this reference are incorporated herein. Developer shall execute the Promissory Note and the Deed of Trust and shall cause the Deed of Trust to be recorded within seven (7) days after it takes fee title to the Property.
Developer Agreements. Developer Agreements between DelDOT and the property owner(s) are common when large developments are to be built. The agreement may describe the project in stages and give milestones as to what infrastructure shall be complete along with assigning maintenance responsibilities. Installation of traffic signals also require an agreement. Information on traffic signals can be found in Section J, Traffic Signal Agreements, of this Chapter. Traffic Mitigation Agreements (TMA) are needed if a Developer is not able to meet specific level of service or adequate facility requirements adopted by a Land Use Agency. TMAs are recorded in the respective County in which they reside. Transportation Improvement Districts (TID) are areas identified in local comprehensive plans where development is encouraged, and transportation investments are focused to complement the comprehensive plans. TID Agreements are recorded in the respective County in which they reside. The DelDOT TID Program Manager can be reached at 000-000-0000. More information Delaware Department of Transportation 2023 Right-of-Way Engineering Manual | 91 about Transportation Improvement Districts can be found on the DelDOT website under the Business/Program tab. The DelDOT Development Coordination Section is involved with Developer Agreements and should be contacted for information. The Development Coordination Section can be reached at 000-000-0000. The Development Coordination Portal can be found on the DelDOT website under the Business>Doing Business tab. Executed agreements, or those in process, should be reviewed to determine if there are any conditions that would affect the proposed acquisitions, such as commitments for the developer to dedicate lands to DelDOT for a future signal. These conditions should then be noted on the Right-of-Way plans and/or in the Data Sheet, as appropriate.
Developer Agreements
