Developer Responsibilities. A. The Developer for each Approved Project shall be responsible for all project management functions of the Approved Project including project design and development, construction and/or rehabilitation, maintenance, selection of tenants, annual recertification of Household income and size, and management of the Approved Project and units in accordance with local requirements, the most recent version of the DR-MHP Policies and Procedures Manual, and the requirements of this Agreement for the duration of the affordability period.
B. The Developer for each Approved Project shall be responsible for all repair and maintenance functions of the Approved Project, including ordinary maintenance and replacement of capital items. The Developer shall ensure maintenance of residential units, commercial space and common areas in accordance with local health, building, and housing codes, and the management plan.
C. If the Developer hires a separate entity to manage the property after construction is complete, the Developer for each Approved Project shall ensure that the Approved Project is managed by an entity approved by the Subrecipient that is actively in the business of managing affordable housing. Any management contract entered into for this purpose shall be subject to Subrecipient approval and must contain a provision allowing the Developer to terminate the contract upon 30 days’ notice. The Developer shall terminate said contract as directed by Subrecipient upon a determination that management does not comply with DR- MHP requirements and/or the provisions of any recorded regulatory agreement for the Approved Project.
D. The Developer for each Approved Project shall develop a management plan for the Approved Project subject to Subrecipient approval prior to the start of construction. Any change to the plan shall be subject to the approval of Subrecipient. The plan shall be consistent with program requirements and must include provisions addressing the following: • The role and responsibility of the Developer and the delegation of its authority; • Personnel policy and staffing arrangements including key personnel and lines of authority; • Plans and procedures for publicizing and achieving early and continued occupancy by eligible low- to moderate-income tenants; • Procedures for determining tenant eligibility and selecting tenants and for certifying and annually recertifying Household income and size; • Plans for carrying out, and budgeting for, an effective maint...
Developer Responsibilities. The Developer, directly or through one or more affiliates and/or Owner Partnerships, shall initiate, coordinate, and carry out or contract for all design, financing, and construction activities in connection with the development, construction and completion of all New Improvements for each Approved Phase as further provided in and subject to the terms of this Agreement (and subject more particularly to delivery by the City to the Developer or appropriate Owner Partnership of a Development Site in Clean and Rough-Graded condition and approval and availability of City Funds for the subject Phase). The services and activities to be performed by Developer in its capacity as developer of a Rental Phase (the “Developer Services”) include the following (in each case subject to the recognition that (i) Developer Services described in this Agreement as belonging to the Developer may be performed or caused to be performed by the Developer, an Owner Partnership and/or an affiliate of the Developer, and (ii) services performed pursuant to a CDBG Agreement do not constitute Developer Services):
(a) Developer shall be responsible for obtaining commitments for all sources of construction, gap and permanent financing needed for each Approved Phase, in accordance with the Phase Development Budget, other than City Funds. Each Phase Development Budget established at closing of a Phase shall be subject to the review and approval of the City;
(b) Developer shall be responsible for applying for, obtaining and preserving through Closing allocations of Federal low-income housing tax credits, and for the tax and financial structuring of syndications thereof;
(d) Developer shall be responsible for the design, engineering and implementation of all New Improvements with respect to each Approved Phase.
(e) Developer shall be responsible for coordinating, directing and managing the progress of the Development in accordance with this Agreement.
(f) Developer shall enter into a Small Disadvantaged Business Enterprise agreement and a Workforce Development Plan, both as approved by the City prior to or concurrently with the execution of this Agreement; and
(g) At the Closing of each Rental Phase Developer will execute a guaranty of construction completion for the benefit of the City and will execute such further guarantees as may reasonably be required by the Investor and third-party lenders including, as applicable, construction completion, development deficit guarantees, operating defici...
Developer Responsibilities. It is anticipated that Developer will be responsible for investing equity in and providing financing for the Project, and for furnishing all labor, material, equipment, services, and support facilities for, among other functions, the following:
(a) Design, supply, and construction/installation of all Project components;
(b) Management of the Project, design, finance, construction/installation, operations, and maintenance;
(c) Working in close collaboration with ADOT to assist with project-related public involvement activities;
(d) Coordination with Stakeholders, other contractors and utility owners;
(e) Design quality;
(f) Construction/installation quality;
(g) Operations and maintenance work quality;
(h) Performance and energy consumption of lighting system operations;
(i) Environmental mitigation (if required) as outlined in the approved Project scope;
(j) Additional environmental investigations, monitoring, and investigation associated with or resulting from Developer’s activities (if required);
(k) Preparation and implementation of the TMP, maintenance and protection of traffic, including both temporary and permanent access to properties;
(l) Project safety and security;
(m) Preliminary and final engineering, such as surveys and condition assessments;
(n) Management and remediation of harmful and hazardous materials (if required);
(o) Drainage and erosion control (if required);
(p) Salvage and construction waste disposal and handling of existing lighting components;
(q) Required clearances, licenses, construction easements or other property access not provided by ADOT, and permits for Work, work-sites, storage areas, etc., both on- and off-site;
(r) Ancillary works, such as temporary fencing, work-sites, and temporary works;
(s) Material location, acquisition, permits, and transportation;
(t) Periodic reporting on safety, energy consumption, maintenance activities, and other metrics;
(u) Utility coordination and (as required) relocation and protection of existing utilities; and
(v) Operations and routine and capital maintenance of the Project during Term, including maintenance of poles, wiring, pull boxes, conduit, and other ancillary lighting infrastructure on the load side of the electrical point of service, and periodic cleaning of the walls of the Deck Park Tunnel. After substantial completion of the Project, Developer will be responsible for traffic management only in relation to Developer’s operations and maintenance activities.
Developer Responsibilities. DEVELOPER agrees to:
I. Provide the Building Official with notice of a minimum of three (3) working days prior to any public event in which the intent is to have the Doors in the open position.
II. Provide the Building Official an Inspection Report, as described below on the first working day after any public event in which the Doors are open.
a. This Inspection Report for the Doors shall contain the following information:
i. Date & time of the report.
ii. Report title – “LV Stadium Operable Door Report.”
iii. Name & title of individual preparing the report.
iv. Forecasted maximum wind speed, actual maximum wind speeds and weather station locations used in determining if the Doors were to remain open or not.
v. Actual wind speeds reports at the various weather stations identified in the Doors AMMR.
vi. Decisions and actions taken based on data, including names and title of individuals involved in the decision process outlined in the Doors AMMR.
III. Provide the Building Official with notice of a minimum of three (3) working days prior to any public event which occurs immediately following the retraction of the Columns.
IV. Arrange for the inspection of the Columns to assure that the Columns are fully repositioned and engaged prior to the general public occupying the concourse and seating bowl areas supported by the Columns.
a. The costs of the inspection shall be the responsibility of the DEVELOPER.
b. The inspection may be performed by either an approved Quality Assurance Agency or by a CCDBFP inspector. If an inspection is conducted by a CCDBFP inspector, the cost shall be based on the actual time of the inspection at the published hourly inspection rate at the time of the inspection and shall be paid within 30 days following the inspection. Should a Building Official or inspector complete an inspection, all reports related to the inspection shall be provided promptly to the DEVELOPER.
V. Provide the Building Official with an inspection report certifying that all retractable Columns are fully repositioned and engaged prior to the general public occupying the concourse. This inspection report must be submitted the following work day.
a. The inspection report for the Columns shall contain the following information:
i. Date & time of the inspection.
ii. Name & title of individual performing the inspection.
iii. Title of inspection report “LV Stadium Retractable Column Report”.
iv. The means and method of the inspection.
v. Results of the Inspection.
b. If a...
Developer Responsibilities. During the term of this Agreement, in addition to any other responsibilities contained in this Agreement, the Developer agrees as follows:
a. The Developer shall immediately terminate this Agreement pursuant to Paragraph 6(b), below, in the event the Developer decides, for any reason, to no longer pursue the Project.
b. For the duration of the Agreement, the Developer shall have and maintain insurance in the amounts provided for on Attachment B.
c. The Developer shall materially participate in the creation of a conceptual master plan (“Plan”) for the entire property. The plan shall include provisions for all levels of housing, including but not limited to workforce, entry level, low income, market rate, and high-income housing, as well as low density commercial use to facilitate the siting of retail business within the development. The Plan shall also include the layout of park/green spaces, streets, and public right of ways to include pedestrian pathways. The city shall have the right to adjust the proposed master plan based on needs of the city; except that once the Parties have agreed upon the Plan, the City has officially approved the Plan, and the Developer has made material investments based upon the Plan, any change or cancellation to the Plan must either be approved by both Parties, or the Developer shall be made whole within 30 days for all costs related to such material investments.
Developer Responsibilities. Developer shall be responsible for all of the following: Consent 1b - Sewer Exte Agre rev 022618 mje
a. Connection Fee. Developer will pay to the City a connection fee totaling $117,432.00 (the “Connection Fee”), which includes $76,232.00 for capital costs and $41,200.00 for operation and maintenance costs of the City’s public sewer system. Payment shall be due and payable not later than thirty (30) days after approval of the annexation. In the event that Developer subdivides and desires to connect more than 85 total units in the Annex, the City shall have the right to require payment by Developer of additional fees to account for the increased impacts of development upon the City sewer system. The amount of such additional fees shall be determined by the City prior to the connection of the additional units, in similar manner as the calculation of the initial Connection Fee. No credit against or refund of the Connection Fee will be given in the event that Developer subdivides or connects fewer than the anticipated 85 units.
Developer Responsibilities. Developer shall undertake the design, development and installation of the Community Improvements. Public Improvements shall be designed and constructed, and shall contain those improvements and facilities, as reasonably required by the applicable City Agency that is to accept, and in some cases operate and maintain, the Public Improvement in keeping with the then-current Citywide standards and requirements of the City Agency as if it were to design and construct the Public Improvement on its own at that time, including the requirements of any Non-Responsible City Agency with jurisdiction. With regard to the Community Improvements that are ongoing programs or services, such as shuttles and transit services, Developer shall consult with the relevant City Agencies prior to commencing such programs or services. Without limiting the foregoing, any Community Improvement, whether Publicly-Owned or Privately-Owned, shall obtain a Design Review Approval from the Planning Department as set forth in Section 3.3.1 of this Agreement prior to obtaining all necessary permits and approvals (including review of all design and construction plans) from any responsible agencies having jurisdiction over the proposed Community Improvement pursuant to Section 2.4 of this Agreement. Without limiting the foregoing, (i) the SFMTA must approve all of the plans and specifications for the SFMTA Infrastructure, (ii) the SFPUC must approve all of the plans and specifications for the SFPUC Infrastructure, and (iii) DPW must approve all of the plans and specifications for all Public Improvements unless the DPW Director waives this requirement. With the exception of any and all construction relating to the realignment of the SFMTA light rail “M” Oceanview, construction of Community Improvements must be Completed by Developer on or before issuance of the First Certificate of Occupancy for any building containing new residential units or commercial gross floor area permitted by the Phasing Plan in exchange for construction of such Community Improvement (or as otherwise described in a Development Phase Approval, but in no event later than one (1) year following the issuance of such First Certificate of Occupancy for such new gross floor area), subject to Excusable Delay. If Developer fails to complete the Community Improvement within such time frame, the City may cease issuing any further Project approvals, not accept any additional applications for the Project, and include in any estoppel ce...
Developer Responsibilities. 4.1 The Developer will reimburse the City the costs of said improvements in the amount of $99,999.84, to include: Tack Coat $ 3,532.50 Final Asphalt Paving $59,928.22 Final Striping $26,539.12 Final Configuration of Traffic Signals $10,000.00 In accordance with Tennessee Code Annotated, Title 12, Chapter 4, Part 1, the Developer cannot be currently engaged in, and will not for the duration of the contract, engage in a boycott of Israel.
Developer Responsibilities. (a) The Developer is responsible for the delivery and care of the Contribution Works at all times prior to Practical Completion of the Contribution Works.
(b) Subject to paragraph (d) of this clause and clause 1.25 of this Schedule 4, the Council assumes responsibility for the Contribution Works:
(i) following dedication to Council of the land on which the Contribution Works are located; or
(ii) in the case of Stormwater Assets that are not located on land to be dedicated to Council, when the Developer provides documentary evidence to Council that easements on terms satisfactory to Council have been registered against the title to the relevant land.
(c) Prior to the dedication of the land on which the Contribution Works are located, or the registration of relevant easements, as the case may be, the Developer is responsible for:
(i) providing all things and taking all measures reasonably within its control to protect people and property in relation to the Land where failure to do so may render the Council or the Developer liable under the Law; and
(ii) taking any urgent action in relation to the Land necessary to protect people and the consequences of any failure to take such action where failure to do so may render the Council or the Developer liable under the Law.
(d) Landcom, or as the case may be, the Developer that completes the relevant Contribution Work, is to Maintain each Road Work, Stormwater Asset and Landscaping Work during the Maintenance Period in accordance with any relevant Approval and the Maintenance Schedule, unless that obligation is otherwise assigned.
(e) Despite any other provision of this Deed, if the Developer has complied with its obligations under this clause, the Council cannot make any claim, objection or demand about the state or condition of a Road Work, Stormwater Asset or Landscaping Work after the end of the Maintenance Period for that Work.
(f) In this clause,
(i) Maintain means keep in a good state of repair and working order, and includes repair of any damage to the Contribution Work.
(ii) Maintenance Period means,
(A) in respect of a Landscape Work, a period of 5 years from the Handover of that work to Council in accordance with paragraph (b) of this clause.
(B) in respect of a Road Work, a period of 2 years from the Handover of that work to Council in accordance with paragraph
Developer Responsibilities. Developer shall provide administrative, fiscal, and management services, employ staff (or retain a management company) and purchase, rent, and use supplies and materials as needed to operate, maintain, and protect the Project in accordance with this Agreement.
