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. 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. In relation to the development and servicing of the Development Area, the Developer agrees:
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. (A) Developer agrees to construct or cause to be constructed the Roundabout Improvements in material conformance with the applicable Development Agreement and the Approved Construction Drawings, subject to customary change orders.
(B) Developer agrees to comply with all Town codes, ordinances, resolutions and Standards and Specifications and all applicable local, state and federal laws, standards and regulations.
(C) Notwithstanding the foregoing, if the Roundabout Improvements are constructed by the Town, and Developer subsequently completes the remaining Public Improvements, as defined in the Development Agreements, the Town shall be entitled to not accept any building permit application unless prior to any such building permit application, Developer shall have paid to the Town 43% of the Town’s actual costs to design, furnish, and install the Roundabout Improvements.
Developer Covenants. (A) Developer agrees to construct or cause to be constructed the Sewer Line Improvements in material conformance with the Approved Construction Drawings, subject to customary change orders.
(B) Xxxxxxxxx agrees to comply with all Town codes, ordinances, resolutions and Standards and Specifications applicable to the same.
(C) In the event Developer commences construction and installation of the Sewer Line Improvements, as evidenced by providing notice to the Town pursuant to the Notice to Town and Inspection Section of the Development Agreements, the Developer shall complete the Sewer Line Improvements. Notwithstanding the foregoing, if the Sewer Line Improvements are constructed by the Town, and Developer subsequently completes the remaining Public Improvements, as defined in the Development Agreements, the Town shall be entitled to not accept any building permit application unless prior to any such building permit application, Developer shall have paid to the Town the Town’s actual costs to design, furnish, and install the Sewer Line Improvements attributable to designing, furnishing and installing a 12” line.
Developer Covenants. 1. The Developer shall spend a minimum of ONE MILLION DOLLARS and 00/100 ($1,000,000) in private funds to renovate the Old Town Hall Property (the “Developer Investment”). The Developer represents and warrants that the Old Town Hall Building will be renovated to provide at least twelve (12) market-rate, residential apartments and other uses, if viable, as permissible by the Town’s zoning ordinance.
2. Developer shall submit building plans, specifications and a building permit application for the Project to the Town within sixty (60) days of execution of this Agreement (the “Permit Period”)
3. Developer shall begin mobilization and construction on the Project within thirty- one (31) days following Developer’s receipt of the building and associated governmental permits for the Project.
4. Developer shall present a reasonable completion schedule for the Project at the time all governmental permits are issued for the Project.
5. Developer shall comply with all state and local zoning codes, building codes and ordinances applicable to the Property.
6. The Developer shall prepare and maintain, or cause to be prepared and maintained, appropriate books and records, reflecting all money received and all money disbursed in connection with the Old Town Hall Property and the Project for the purpose of verifying Developer’s compliance with the terms of this Agreement. The Town and its duly appointed representatives shall have the right to examine, audit, and copy such books and records during business hours on reasonable notice.
7. The Developer represents and warrants it anticipates applying for State and Federal Historic Tax Credits for the Project. Developer shall make application for State and Federal Historic Tax Credits to the extent the final Project design and plans comply with the requirements necessary for the award of such credits.
8. The Developer represents and warrants to the Town that:
(a) it is a valid limited liability company duly organized, validly existing and in good standing under the laws of the State of North Carolina;
(b) it is duly qualified to do business and is in good standing in every jurisdiction in which such licensing and qualification is required;
(c) it has the full right, power, and authority to perform its obligations hereunder; and
(d) it will execute, deliver and perform this Agreement.
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.
