Developer Commitments Sample Clauses

Developer Commitments. Xxxxxxxxx agrees to the following commitments should the Project proceed:
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Developer Commitments. The following summary of commitments has been made by the Developer during the term of this Agreement: 1. Long Savannah Parkway - $8,000,000 (Estimated); 2. Bear Swamp Roadway Improvements - $2,500,000 (Estimated);
Developer Commitments. The following summary of commitments has been made by the Developer during the term of this Agreement: 1. Transportation Contribution Fee – $1,000 per Residential Unit; 2. School Contribution Fee – $400 per Residential Unit; 3. Workforce Housing Provision; 4. Compliance with the City of Charleston’s Minority Business Enterprise and Women’s Business Enterprise Program
Developer Commitments. Developer shall, at the Developer’s sole expense, design and construct the public infrastructure related to the Legends Crossing PUD Project, including Tournament Trail Drive and road improvements to Dartown Road and SR 32, including the associated streets, sidewalks, trail corridor, and pathways as illustrated in Exhibit B (collectively, the “Commitments”) in substantial compliance with Westfield’s standards and procedures. Westfield hereby acknowledges that the Commitments shall be constructed in two (2) phases, shown on Exhibit B as “Phase I” and “Phase II” and hereinafter referred to as “Phase I” and “Phase II”, and Developer shall be entitled to the “RIF Credits” (hereinafter defined) regardless of whether its expenditures are made during Phase I or Phase II. a. The design of the Commitments shall be in compliance with Westfield’s Construction Standards, Thoroughfare Plan and be ADA compliant. Before any request for bids by Developer, Developer shall obtain Westfield’s written approval and acceptance of the design and costs of construction. Westfield’s approval and acceptance shall not be unreasonably withheld. Construction of the Commitments by the Developer shall be subject to any applicable permits, financial guarantees and inspections by Westfield.
Developer Commitments. In addition to the payment of the Purchase Price for the Property, Xxxxxxxxx agrees that, in consideration for BRA’s commitments in the capture of tax increment revenues (“TIR”) to assist the Developer in the Project on the Property, it will complete the following (collectively and individually "Undertakings"): A. Redevelop the Property by constructing a minimum of a two-story building(s) totally approximately 60,000 square feet, along with other site and landscape improvements, as commercial office space for DHHS. More specifically, Developer shall complete the Project substantially following the proposal it presented to the State and BRA, including any subsequent rendering. Therefore, the conceptual breakdown for the Project is as follows: (i) construction of the -story building; and (ii) on-site parking of approximately spaces. Subject to matters beyond the reasonable control of Developer (e.g., matters of force majeure, acts of God, failure to obtain governmental approvals, etc.- collectively “Force Majeure”), Developer shall commence construction of the Project within 3 months of the date of the closing, and shall substantially complete it - defined as date when Developer receives a temporary or final occupancy permit from the City, (“Completion Date”) - within 18 months of the closing date. The total capital investment shall be approximately $ million, with the creation or retention in the City of an estimated FTE jobs at the Property. B. Make every reasonable effort to work with the City and community employment agencies to hire city residents for new employment opportunities created by the Project, and to encourage the local contracting of construction and site related work; particularly, to review with Urban Alliance employment opportunities through its Momentum Urban Employment program. Regardless of Developer’s ability to hire city residents it, and any contractors hired to perform work on the Project, shall follow the City’s “Ex-Offender Purchasing” policy regarding hiring new employees who will work on the Project. A copy of this policy is attached as Exhibit E, and Developer will provide a copy of it to its general contractor prior to performing any work on the Project. C. Provide any updated conceptual renderings, architectural or engineering drawings or plans for the Project as submitted to the City for permitting (collectively “Project Plans”) to the BRA within a reasonable time after any Project Plan is completed. Any substantial deviatio...
Developer Commitments. The Developer shall: A. As applicant, diligently pursue obtaining the entitlements for the Project in accordance with the Project Schedule, DSA and GDA. B. Negotiate in good faith with the Commission to reach final agreements for the DSA, GDA and GMP in accordance with the terms of Sections 4, 5 and 6 hereof for design and construction of the Project in accordance with the Project Schedule and in keeping with the spirit and intent of this MOU. C. Design the Project substantially in conformance with the Development Plan and in accordance with the Project Schedule, the DSA, GDA, GMP and applicable law. D. Construct the Public Improvements in accordance with the Project Schedule, the DSA, GDA, GMP and applicable law. E. Purchase the Private Land in consideration of the payment of the Commission Purchase Price and diligently proceed with the development and construction of the Private Improvements in accordance with the Project Schedule, the GDA, and applicable law. F. Until completion of the Project and the issuance of certificates of use and occupancy for the Public Improvements and the Private Improvements, none of the Original Members shall be removed from the Developer entity without the prior written approval of the Commission, not to be unreasonably withheld, conditioned or delayed. X. Xxxxxxxxx shall be obligated to increase the proposed level of minority participation in the Private Improvements (the “Minority Equity”) to 20% of the total equity ownership in the Private Improvements. Developer shall maintain or exceed its commitment to 25% subcontractor MFD participation in the development and construction of the Project in accordance with the Commission’s MFD goals. X. Although the Developer intends to retain all Members of the Development Team, limited substitution of a Member or Members may be warranted. In the event that fees proposed by a Member for services to be rendered in connection with the Project are substantially greater than usual, normal or customary fees in the market for similar services, the Developer may request approval from the Commission’s project manager (i) to replace the Member, and (ii) of the proposed replacement, provided that such replacement has equivalent qualifications, education level and experience level of the Member proposed for replacement. Upon such approval, which shall not be unreasonably withheld, conditioned or delayed, the Developer may replace such Member as approved.
Developer Commitments. Subject to satisfaction of the Conditions Precedent as described in Section 4, Developer agrees to take the following actions (“Developer Commitments”) at Developer’s cost and expense.
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Developer Commitments. In consideration for the Incentive provided by Commission as herein described, Developer shall perform or cause to be performed the following commitments described within this Articles IV and V (collectively, the “Developer Commitments”). If Developer fails to satisfy the Developer Commitments (a “Developer Default”), where such default is not cured as set forth in Section 9.03 herein, then Commission reserves the right to require Developer to repay the Commission any and all funds disbursed for Public Improvements under this Agreement.
Developer Commitments a. Developer shall, directly or indirectly, in accordance with all applicable federal, state, and local laws and regulations undertake the construction of 17 units, which shall be at least five (5%) percent of residential units on the Property (the “Restricted Units”) and to lease said units exclusively to Qualified Residents. b. Developer shall comply with all state and federal fair housing laws in the marketing and rental of the Restricted Units, including acceptance of recipients of federal certificates or vouchers for rent subsidies pursuant to the Housing Choice Voucher Program, or any successor thereto. c. Developer shall not restrict the rental, lease, use, occupancy, tenure, or enjoyment of the Restricted Units on the basis of race, color, religion, creed, sex, sexual orientation, disability, marital status, ancestry, or national origin of any potential Qualified Resident. d. Developer hereby acknowledges and agrees, for itself and its successors and assigns, that the Restricted Units shall be used solely in compliance with the Inclusionary Housing Ordinance and the requirements set forth herein. Developer warrants that it has not entered into any other agreements that would restrict its ability to comply with this Agreement. Further, Developer shall not enter into any agreement that is inconsistent with the terms set herein, without the express written consent of the City.
Developer Commitments. (i) Developer covenants and agrees to exercise commercially reasonable efforts to satisfy the County’s Conditions Precedent to be satisfied by Developer. (ii) Developer shall acquire the Rugby Land on or before August 31, 2014, subject to extension by Developer not to exceed forty-five (45) days (the “Acquisition Period”). If Developer has not acquired the Rugby Land prior to the expiration of the Acquisition Period, the County shall have the right to terminate this Agreement with written notice delivered to Developer within thirty (30) days after the expiration of the Acquisition Period. (iii) Prior to the Rugby Closing, Developer has obtained and provided to the County a term sheet for debt and will provide a letter from an equity partner that together will finance all of the costs and expenses associated with the acquisition of the Rugby Land and the design and construction of the New Facilities (as the same may be modified, amended or refinanced from time to time, the “Loan”), which Loan shall be secured by, among other things, a lien on the Rugby Land and a collateral assignment of Developer’s rights under this Agreement. (iv) Developer shall use commercially reasonable efforts to obtain the Lender’s agreement to a form of Attornment Agreement acceptable to the County in its sole discretion. (v) Developer shall diligently submit a complete package for Mandatory Referral with respect to the New Facilities as more particularly described in Exhibit B. (vi) Developer shall cause the design and construction of the New Facilities subject to and in accordance with the terms of this Agreement and the “turnkey” design and construction provisions set forth in Exhibit B attached to this Agreement (the “Turnkey Provisions”). (vii) Developer shall use commercially reasonable efforts to (a) comply with the milestone schedule attached hereto as Exhibit E (the “Milestone Schedule”), subject to Force Majeure, County Delay, modification of the Design and Construction Schedule, and extension pursuant to Section 3(c) of this Agreement, and (b) perform its obligations in connection with Substantial Completion pursuant to Section 6.2 of Exhibit B and Final Turnover pursuant to Section 6.4 of Exhibit B and shall perform its obligations following the Final Turnover Date pursuant to Section 6.5 of Exhibit B. (viii) Developer shall convey the Rugby Property to the County at the Settlement. (ix) During the term of this Agreement, Developer shall not introduce or exacerbate, or ...
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