Developer Covenants. Developer hereby covenants as follows:
9.2.1 Unless otherwise stated in this Agreement, the Developer shall design, finance, construct, own, operate and maintain the Project or any part thereof in accordance with this Agreement and its applicable Schedules, and all laws, rules, regulations and ordinances that are enforceable or binding upon Developer;
9.2.2 Developer shall successfully complete the test operations required by Schedule 4 (Commissioning Requirements) for the Project on or before the Required Commercial Operations Date;
9.2.3 In addition to the Technical Specifications of Schedule G, Developer shall operate and maintain the Project in such a manner so as not to have an adverse effect on Utility voltage level and/or voltage waveform, power factor and frequency or produce adverse levels of voltage flicker and/or voltage harmonics;
9.2.4 In addition to the Technical Specifications of Schedule G, Developer shall at all times cause the Project to be operated and maintained consistent with Prudent Utility Practice;
9.2.5 Developer shall in accordance with the Technical Specifications of Schedule G, install protective relays within the Project having ratings and characteristics approved by Utility. Such approval shall not constitute a Utility any warranty or representation and shall not operate to increase the liability of Utility with respect to third parties. In addition to the the Technical Specifications of Schedule G, Developer shall maintain the settings of all such relays at levels reasonably acceptable to Utility. Developer shall not change the settings of such relays without prior written consent of Utility, which consent shall not be unreasonably withheld or delayed.
9.2.6 Developer shall notify Utility in writing of all apparatus that is from time to time included in Developer's Project installations and that is likely to cause undue disturbance of Utility's system. Such apparatus shall be utilised only with the approval of, and as specified by, Utility, in writing. Such approval shall not constitute a Utility any warranty or representation and shall not operate to increase the liability of Utility with respect to third parties.
9.2.7 Where approval is granted pursuant to Paragraph 9.2.6 above, Developer shall use all reasonable efforts to prevent any apparatus being utilised in such a manner as to cause any undue disturbance of Utility' system. If Utility finds that any such apparatus is being utilised in a manner that causes such distur...
Developer Covenants. In relation to the development and servicing of the Development Area, the Developer agrees:
Developer Covenants. Developer shall not use, produce, process, manufacture, generate, treat, handle, store or dispose of any Hazardous Materials in, on or under the Campus or the Project, or use the Campus or the Project for any such purposes, or Release any Hazardous Materials into any air, soil, surface water or groundwater comprising the Campus or the Project, in each of the foregoing cases, in violation of any Environmental Laws. Developer shall comply with all Environmental Laws applicable to the Campus or the Project, or the construction or use or occupancy thereof, or any operations or activities therein or thereon.
Developer Covenants. 4.1 The Developer covenants on behalf of itself and its successors in title to perform and comply with the development consent obligation within Schedule 1 to this Deed.
Developer Covenants. The Developer covenants and agrees as follows:
Developer Covenants a. The Developer Covenants, and agrees that:
(1) Developer shall use commercially reasonable efforts to implement the Project, in accordance with the provisions of this Redevelopment Agreement, the Legal Requirements, all Governmental Approvals and all Environmental Laws.
(2) Developer shall undertake with due diligence: (i) to pursue and obtain the necessary financing for acquisition and redevelopment; (ii) redevelopment of the Project upon securing Governmental Approvals; and (iii) perform each item on or prior to the date set forth in the Project Milestones (for those items for which commencement dates only may be given, such items shall be completed in a commercially reasonable period).
(3) Developer shall Commence Construction of the Project in accordance with the Project Milestones /Timeline, Exhibit “D”.
(4) During redevelopment and construction, and upon completion of any building in the Project, Developer shall use diligent efforts to obtain Certificates of Occupancy for completed buildings.
(5) Developer shall notify the Township of any change from the information previously provided to the Township regarding Developer’s financial capability to acquire the Property if such change will affect the Developer’s ability to redevelop, finance and construct the Project.
(6) The undertakings pursuant to the Redevelopment Agreement are for the purpose of redevelopment, and not for speculation in land holding.
(7) Developer shall acquire the Property, obtain all Redevelopment Approvals and Governmental Approvals, perform any environmental investigation and remediation, and construct the Project at its sole cost and expense.
(8) Developer shall provide performance bonds or other surety required by the Municipal Land Use Law or any other relevant law. Developer shall provide all inspection escrows as required by the Municipal Land Use Law or any other relevant law.
(9) Developer shall, at its sole cost and expense, satisfy the low and moderate income housing obligation as set forth in the Redevelopment Plan and as may be imposed on by law, including the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and any regulations that have been, or may be, adopted by the State of New Jersey pursuant thereto, any regulations of the Council on Affordable Housing, or its successor, that may be applicable to the affordable units included within the development. This project shall include 11 affordable beds to low and moderate income households/individuals.
Developer Covenants. Xxxxxxxxx agrees and covenants on behalf of itself and its successors and assigns, and each successor in interest to the Property, that at all times during the term of this Agreement set forth herein:
(i) one (1) studio dwelling unit, one (1) one-bedroom dwelling unit and one (1) two- bedroom dwelling unit on the Property shall be set aside and reserved as “Very Low Income Affordable Units;”
(ii) one (1) one-bedroom dwelling unit and one (1) two-bedroom dwelling unit on the Property shall be set aside and reserved as “Low Income Affordable Units”; and
(iii) one (1) studio dwelling unit, one (1) one-bedroom dwelling unit and one (1) two- bedroom dwelling unit on the Property shall be set aside and reserved as “Moderate Income Affordable Units.”
Developer Covenants. Subject to the contribution of Owner’s Cost Allocation under this Agreement and the payment of funds that Owner is required to provide pursuant to the terms of this Agreement (including without limitation, in Section 6.03 hereof) and to any other obligations hereunder that Owner is to perform, Developer covenants to (i) perform its obligations hereunder in accordance with industry standards, in a professional manner consistent with the orderly and expeditious design, development and construction of infrastructure improvements in the metropolitan Northern Virginia area and in accordance with the terms of the Project Documents, (ii) take all steps usually and customarily taken by prudent and experienced developers seeking with due diligence to achieve the objective to which their particular effort pertains, (iii) devote as much time and resources as is necessary to manage the design, development and construction of the Infrastructure Improvements in accordance with the requirements of the Project Documents, and (iv) act at all times in good faith and in the best interests of Owner and the Infrastructure Improvements, seeking to minimize Project Costs and achieve Final Completion by the Final Completion Date subject to the terms and conditions of this Agreement.
Developer Covenants. Developer hereby states that Developer will fulfill the following conditions which are requirements of OPMC Section 15.10.300:
Developer Covenants. 3.01 The Developer agrees to following:
(i) Other than permits for the construction of infrastructure improvements, single- family buildings/structures, and accessory buildings/structures for Section 8 of the Del Bello Lakes Development, Developer agrees that the City shall not issue any other construction permit or approve any further plat/re-plat of the Property until the Developer complies with 2.02 of this Agreement;
(ii) Developer agrees to begin infrastructure improvement construction and diligently pursue to completion Section 8 of the Del Bello Lakes Development, within one-year of City Council approval; and
(iii) Xxxxxxxxx agrees to pay the cost of recordation of this Agreement within thirty (30) days of invoice by the City.
3.02 Developer acknowledges that the City’s covenants are contingent upon the Developer constructing infrastructure improvements for Section 8 of the Del Bello Lakes Development. Failure of the Developer to begin to construct infrastructure improvements, and diligently pursue completion, within one-year of City Council approval shall constitute failure of this condition and the agreement shall automatically be null and void.
