Developer Obligation. To the extent required to develop the Property, and to construct the Backbone Infrastructure, Parks, Open Space amenities, Trails and County Facilities, Developer and/or the Development Group shall obtain from the U. S. Army Corps of Engineers or permits required of other applicable permitting agencies (collectively, the "Permitting Agency") a permit or permits to fill or impact identified wetlands which shall include any necessary takes and other environmental resources (the “Fill Permit”) prior to construction of the Backbone Infrastructure, Parks, Open Space amenities, Trails, and Public Facilities and the development of the Property. Developer shall diligently pursue and obtain issuance of the Fill Permit and any amendment, modification or supplement thereto, or any additional Fill Permits if required, in order to implement the Project, including but not limited to off-site improvements. Developer shall be responsible for obtaining all permits associated with the Fill Permit as and to the extent required to allow development of the Backbone Infrastructure, Parks, Open Space amenities, Trails and County Facilities. Such Fill Permit or Permits shall be obtained prior to (i) the approval for recordation of the first final small lot map for the creation of individual buildable lots for single-family residential development (a “Final Small Lot Map”) within any portion of the Property, or (ii) commencement of construction of any improvements on any portion of the Property, whichever occurs first; provided, however, Developer may request County to defer the foregoing requirement so that any such Permit may be obtained at a later date. A Fill Permit shall not be required to be obtained prior to the approval for recordation of a final large lot subdivision or parcel map that will not create individual buildable lots for single- family residential development (a “Final Large Lot Map”) within any portion of the Specific Plan. Developer shall use good faith efforts to obtain approval of the Fill Permit or Permits, including the open space management plan to be approved with respect thereto (the “Open Space Management Plan”), with conditions that are consistent with and do not adversely impact or limit the planned public uses, operations and improvements to be included within the affected open space areas. Developer acknowledges that Developer and/or the Development Group shall be responsible, at its expense, for satisfying all conditions of the Fill Permit and tha...
Developer Obligation. Developer accepts responsibility for the costs and expenses of design, permitting, installation, and inspection of all BPW Improvements.
Developer Obligation. Developer shall be responsible for performance of the covenants set forth herein, and for the performance of the Specific Developer Obligations set forth in Exhibit “A”, which is incorporated herein by this reference. Developer’s obligation to complete the public improvements described in the Schedule of Improvements attached as Exhibit “B”, which is incorporated herein by this reference, is independent of and shall not be conditioned upon the receipt of a building permit for the Development or the completion of the Development.
Developer Obligation. Section 3.05 of the Agreement is hereby amended to read as follows:
Developer Obligation. Developer accepts responsibility for the costs and expenses of design, permitting, installation, and inspection of all BPW Improvements. Developer shall connect to the BPW System through certain utility connection points located in the BPW’s reasonable discretion along the Project’s frontage (the “BPW System Connections”). Developer acknowledges that the BPW System Connections and related infrastructure are being constructed by a third-party entity pursuant to that certain Tower Hill Development Agreement, dated September 24, 2020 and recorded in the Office of the Recorder of Deeds in and for Sussex County, State of Delaware at Document Number 2020000047441 (the “Tower Hill Agreement”). Developer accepts responsibility for its share of the costs for the offsite improvements necessary to provide these BPW System Connections as defined and outlined in EXHIBIT A, attached hereto and incorporated herein by reference (the “Offsite Improvements”). Developer shall pay to the BPW its share of these Offsite Improvements prior to connecting the BPW Improvements to the BPW System.
Developer Obligation. The financing, development, construction and operation of the Project is entirely the responsibility of Developer. Phoenix is not obligated to seek or provide any financing for the Project.
Developer Obligation. Developer accepts responsibility for the costs and expenses of design, permitting, installation, and inspection of all BPW Improvements. Developer shall also be responsible for its pro rata share of the costs to construct, install, and otherwise provide for the planned sewer extension improvements outside of the Property which are to be constructed, installed, and provided for by the BPW (the "Off Site Improvements") in accordance with the Off Site Improvement Plans entitled Savannah Road Sanitary Sewer and Water Main Extensions and completed by Xxxxxx, Miles & Xxxx, LLC, GMB File No. 180029 and dated May 2020 (the "Off Site Improvement Plans"), which plans are hereby incorporated by reference. The BPW makes no representation and offers no commitment regarding the timing for installation of said infrastructure. Developer's sole responsibility for the Off-Site Sewer Improvements shall be the payment of actual final costs totaling twenty-five-percent (25%) of the costs of the planned downstream Savannah Road Sewer Extension project and eleven-percent (11%) of the costs of the planned downstream Savannah Place Sewer System project which includes the sewer pump station at Xxxxxx Cove. The cost for said Off-Site Sewer Improvements is currently estimated to be $730,730. The BPW shall bill Developer for fifty-percent (50%) of said estimated cost for Off-Site Sewer Improvements at the commencement of the construction phase of the downstream Savannah Road Sewer Extension and downstream Savannah Place Sewer System project. This bill shall be due within thirty (30) days of the billing. Developer shall pay to the BPW its remaining share of the actual cost for said Off Site Improvements upon receipt of an invoice for said costs from by BPW following completion of said Off Site Improvements. The Developer is responsible for water main connections into the existing BPW water distribution system located outside of the Property.
Developer Obligation
