DEVELOPER OBLIGATIONS AND IMPROVEMENTS Clause Samples
The "Developer Obligations and Improvements" clause defines the responsibilities of the developer regarding the maintenance, enhancement, and overall performance of a project or product. Typically, this clause outlines the developer's duty to implement updates, fix defects, and possibly introduce new features or improvements as required by the agreement. It may also specify timelines, quality standards, or approval processes for such improvements. The core function of this clause is to ensure that the developer remains accountable for the ongoing quality and advancement of the deliverables, thereby protecting the interests of the client and ensuring the product remains functional and up-to-date.
DEVELOPER OBLIGATIONS AND IMPROVEMENTS. 1. Developer shall design, construct, install, and pay for, according to the Town approved plans set forth in Exhibits “A,” “B,” “C,” and “D,” all common Site Plan public improvements as specifically set forth in Section 1.A.3., herein below and on Exhibit “A,” and approved as the Block 6 Amendment, such Site Plan public improvements hereinafter referred to as the “Improvements.” The Improvements shall be constructed in accordance with the Site Plan, Development Plan, Architectural Plan and Landscape Plan. In addition the Developer shall install all new utilities, including drainage facilities as approved by the Town as a component of the Development, and relocate existing utilities as necessary and as directed by the Town. These utility and drainage improvements and relocations shall be in accordance with the Development Plan, Landscape Plan and the Town of ▇▇▇▇▇▇ Construction Specifications (as defined herein, below).
2. Developer shall grant a utility easement, as legally described on Exhibit “E,” to the Town by separate instrument, in the form marked Exhibit “F,” attached hereto and incorporated herein by this reference (the “Utility Easement Form”). The utility easement shall be signed by the Developer and granted to the Town at the time of approval of the Block 6 Amendment by the Town Council.
3. Developer shall construct the following Improvements on the Development Property in accordance with the Site Plan and the Development Plan, as such plans are set forth on Exhibits “A” and “B,” at Developer’s sole cost.
a. Remove the existing concrete curb & gutter and concrete sidewalks necessary for the installation of a new concrete curb cut along Lookout Ridge Road.
b. Install a new 6” Ductile Iron Fire Hydrant lateral, fire hydrant and all required fittings and appurtenances, and connect the new fire hydrant lateral to the existing main stubbed into the Development Property.
4. Developer shall modify the Site Plan, Development Plan, Construction Plan, Architectural Plan (Exhibits “A,” “B,” “C,” and “D”) in accordance with the additional Conditions of Approval placed on the Development by the Town Council in Resolution xx-17, Series of 2017, as referenced in Exhibit “H”.
5. Developer shall provide traffic control plans, devices, advanced warning signs, and flaggers in conformance with the most current Manual of Uniform Traffic Control Devices (“MUTCD”) and per Town requirements for any work in Town rights-of way, and for hauling operations into and out of...
DEVELOPER OBLIGATIONS AND IMPROVEMENTS. 1. Developer shall, as a preliminary requirement upon which the validity of this Agreement is contingent, first complete the real estate transaction and purchase ▇▇▇▇ ▇▇ ▇▇▇ ▇▇, ▇▇▇▇▇ ▇, ▇▇▇ ▇▇▇▇ of ▇▇▇▇▇▇, Town of ▇▇▇▇▇▇, Colorado (the “Town Lots”) from the Town of ▇▇▇▇▇▇ as set forth in the Option to Purchase Agreement, dated May 3rd, 2016 entered into by and between the Town and Developer (the “Option to Purchase Agreement”), marked Exhibit “F,” attached hereto and incorporated herein by this reference. In the event Developer fails to purchase the Town Lots pursuant to the terms of the Option to Purchase Agreement, this Agreement shall become null and void ab initio, and of no force or effect whatsoever.
2. Once the Developer purchases the Town Lots and owns the Property in its entirety, the Developer shall apply for the required Level IV Subdivision permit and approvals from the Town and replat the Property into one single lot (“New Lot Final Plat”). As a part of the New Lot Final Plat application, Developer shall vacate all existing easements on the Property as may be required to construct the Development, and shall dedicate on the New Lot Final Plat all new easements as required by the Town and utility companies permitted to operate within the Town limits. The approved New Lot Final Plat shall be marked Exhibit “G,” attached hereto and incorporated herein by this reference.
3. Developer shall obtain a Level IV Development Permit from the Town allowing the relocation of the existing telecommunications tower from the existing location on the Property to a rooftop installation or revised site location at the Development.
4. Developer shall design, construct, install, and pay for, according to the Town approved plans, all Improvements as specifically set forth in Section 1.A.3., herein below and on Exhibits “B,” “C” and “D,” and approved by the Planning and Zoning Commission on December 7, 2016 as the Crossroads at Lake ▇▇▇▇▇▇ Planned Unit Development. The Improvements shall be constructed in accordance with the Site Plan and the Development Plan. In addition the Developer shall install all new utilities, including drainage facilities as approved by the Town as a component of the Development, and relocate existing utilities as necessary and as directed by the Town. These utility and drainage improvements and relocations shall be in accordance with engineering plans to be reviewed and approved by the Town prior to installation.
5. Following Developer’s pu...