Developer Services. We warrant that (i) the Supplemental Developer Services shall perform materially in accordance with the User Guide, and (ii) subject to Section 3.3 (Developer Service Features that Integrate with Third-Party Services), the functionality of the Supplemental Developer Services will not be materially decreased during a subscription term. For any breach of either such warranty, Your exclusive remedy shall be as provided in Sections 11.7.b (Termination for Cause) and 11.7.c (Refund or Payment upon Termination) below.
Developer Services. (a) Developer shall, directly or indirectly, in accordance with all applicable federal, state and local laws and regulations, undertake the rehabilitation of a seven (7) unit single room occupancy affordable housing project in furtherance of the Consortium’s housing strategy and as approved by the City. The affordable housing project, as described herein, may be referred to as the “Project”. Developer may undertake same as the Project sponsor with ownership of the Project to be held by either the Developer or by a limited liability partnership or limited liability limited partnership in which Developer acts as the sole general partner, or by a limited liability company in which Developer is the managing member. Developer shall satisfactorily perform and complete, or cause to be performed and completed, all services and items of work, and the furnishing of all labor and materials encompassed within or reasonably necessary to construct all of the improvements for the Project, and accomplish the tasks and functions described in the Scope of Services attached hereto as Exhibit “A” and incorporated herein by reference, in full compliance with all provisions of this Agreement. Before proceeding with the Project, Developer shall furnish City with all reasonable information which City may request concerning the Project, execute all certifications, security instruments required by this Agreement and applicable laws and regulations, demonstrate eligibility of the Project for assistance under this Agreement and the Act, and obtain the written approval of City’s authorized representatives as to the Project, which approval will not be unreasonably withheld.
(b) Developer warrants and represents that: (i) it has the requisite authority and capacity to perform all terms and conditions on Developer’s part to be performed hereunder; (ii) that it is duly organized as a nonprofit corporation under the laws of the State of Colorado; (iii) that it is aware of and understands its duty to perform all functions and services in accordance with the regulatory requirements of 24 CFR Part 92 and those identified in Exhibit "C" hereto; and (iv) that it is accepting federal financial assistance hereunder subject to certain mandatory repayment provisions.
(c) Time is of the essence hereof. Developer agrees that it shall meet the following deadlines with respect to the Project:
(i) Developer shall obtain satisfactory evidence that it or the Owner of the Project has the financial ability ...
Developer Services. (a) Developer shall, directly or indirectly, in accordance with all applicable federal, state, and local laws and regulations, undertake the construction of a twenty-eight (28) unit affordable housing project for low to moderate income households, with five (5) of the housing units being assisted hereunder (the “HOME Units”), in furtherance of the Consortium’s housing strategy and as approved by the City. The affordable housing project, as described herein, may be referred to as the “Fuel and Iron Project” or the “Project.” Ownership of the Project is to be held by either the Developer or by a limited liability partnership in which Developer or its affiliate acts as the managing member, or by a limited liability company in which Developer is the managing member. Developer shall satisfactorily perform and complete, or cause to be performed and completed, all services and items of work, and the furnishing of all labor and materials encompassed within or reasonably necessary to construct all of the improvements for the Project, and accomplish the tasks and functions described in the Scope of Services attached hereto as Exhibit “A” and incorporated herein by reference, in full compliance with all of the provisions of this Agreement. Before proceeding with the Project, Developer shall furnish City with all reasonable information which City may request concerning the Project, execute all certifications, security instruments required by this Agreement and applicable laws and regulations, demonstrate eligibility of the Project for assistance under this Agreement and the Act, and obtain the written approval of City’s authorized representatives as to the Project, which approval will not be unreasonably withheld. Upon project completion, housing must meet or exceed the minimum property standards required by 24 CFR 92.251. Owner must continue to maintain the housing in compliance with 24 CFR 92.251 during the period of affordability.
(b) Developer warrants and represents that (i) it has the requisite authority and capacity to perform all terms and conditions on Developer’s part to be performed hereunder; (ii) that it is duly organized as a for-profit limited liability company under the laws of the State of Colorado;
Developer Services. Owner hereby engages the services of Developer as an independent contractor, with the powers and duties, subject to Section 2.02 herein, of arranging, supervising, and coordinating on behalf of Owner all development and construction services for the Project, and Developer undertakes and accepts such engagement. Subject to Section 2.02, the powers and duties of Developer shall include the following:
(a) Developer will negotiate with the General Contractor, any and all consulting engineers, subcontractors, or other persons required in connection with the construction of the Project, for their retention by Owner on terms and conditions acceptable to Owner (but execution of any agreements or documents by Owner or Developer on behalf of Owner will be at Owner’s sole discretion).
(b) Developer will conduct negotiations and calls for bids or proposals, and will review and analyze such bids or proposals when received in respect of the Project.
(c) Developer will negotiate any Change Orders with the General Contractor and the Project Architect, but all Change Orders are subject to approval by Owner.
(d) Developer will secure or cause to be secured all required permits, licenses, and approvals from applicable authorities in connection with (i) any demolition of portions of the existing improvements, (ii) the construction and completion of the Project in accordance with the Development Plan, and (iii) the development of the Project, including, without limitation, zoning, building, and environmental impact and hazardous or toxic waste laws, and act as a liaison between the Owner and all federal, state, and local governmental boards, statutory bodies, or other agencies having jurisdiction over the Project so that the development and construction of the Project will proceed in an authorized and expeditious manner.
(e) Developer will require the General Contractor to prepare a critical path or other appropriate progress schedule for the construction of the Project and effect coordination and integration of the various services required for the critical path construction and completion of the Project in conformity with the Construction Schedule.
(f) Developer will maintain a current record of expenditures in accordance with the line items set forth in the Development Plan.
(g) Developer will require the General Contractor to negotiate, finalize, and award all major subcontracts and material purchase orders, all of which subcontracts and purchase orders shall be in accorda...
Developer Services. Developer Services are available to Developer as part of the Program. Developer Services shall be provided in accordance with the descriptions, terms and conditions set forth in the Program Guidelines.
Developer Services. The Developer shall assist and cooperate with the City in providing the City Services. The Developer shall provide to the City a copy of surveys, planning documents, economic projections, engineering work, environmental studies and other information obtained or to be obtained by the Developer containing information that the City shall reasonably need or would otherwise be required for the consideration of the Plan for approval by the City pursuant to the Act and the Special District for approval by the City (the “Development Information”).
Developer Services. Developer will perform the development services described below. Developer shall prepare the design and functionality defined in the Scope of Work (see Section 5) for the Site prior to turning over to Client for Site Preparation. Developer shall test the Site to ensure compliance with requirements and Site design and to ensure minimization of errors prior to handing off to Client.
Developer Services. This section defines the role of the Developer at the various stages of the agreement.
Developer Services. Developer shall enforce, except to the extent Approved by the Owner, which Approval will not be unreasonably withheld, all of its rights with respect to its contractors (and shall cause the Contractor to do so with respect to sub-contractors) under, and fulfill all of its obligations pursuant to, the Construction Documents. To the extent not delineated elsewhere in this Developer Agreement, the Developer shall provide, or cause to be provided, the services listed on Schedule 7.10.
Developer Services. Developer shall formulate a strategic plan for the development of the Hotel and Project, for consideration by and Approval of the Owner and, following such approval, implement such plans (in accordance with the approved budget and schedule and with the input of the Owner);
