Common use of DEVELOPERS OBLIGATION TO CONSTRUCT IMPROVEMENTS Clause in Contracts

DEVELOPERS OBLIGATION TO CONSTRUCT IMPROVEMENTS. A. Developer shall, at its sole expense, and in compliance with the provisions of the Development Laws, the Improvement Plans, and all applicable City standards, furnish, construct, install and guarantee the Improvements generally described in Schedule A attached hereto. B. Developer shall acquire and dedicate, or pay the cost of acquisition of, all rights-of-way, easements and other in real property for the construction or installation of the Improvements, free and clear of all liens and encumbrances. C. Subject to any time extensions granted in accordance with Section 4, Developer shall commence construction of the Improvements as set forth above in the Development Reference Data following the heading "Commencement of Improvement Work," and shall complete all Improvements within the "Completion Period" specified in said Development Reference Data; provided, however, that if the City Engineer reasonably determines that accelerated construction of the Improvements is essential in order to protect the public health, welfare and safety, including, without limitation, providing for the orderly Development of the surrounding area, the City Engineer shall give Developer not less than 15 days prior written notice to commence or accelerate installation and construction of the Improvements, or any portion thereof. The notice shall describe the work to be done by Xxxxxxxxx, the time within which the work will commence, and the period within which the work will be completed. All or any portions of said Improvements may be required to be constructed or completed at a specified time. If the Developer objects to the commencement or acceleration of the Improvements as specified by the City Engineer, the Developer may appeal the decision of the City Engineer to the City Council. Any such appeal shall be filed with the City Clerk within 10 days after receipt by Developer of the written notice from the City Engineer. D. If the Improvements to be constructed by Developer include monumentation, such monumentation shall be installed not later than thirty (30) days after the City's acceptance of all other Improvements pursuant to Section 2. As used herein, "monumentation" shall mean the setting of survey monuments and tie points, and the delivery to the City Engineer of tie notes for said points. E. Developer shall, at its sole expense, replace or repair all public improvements, public utility facilities, and surveying monuments which are destroyed or damaged as a result of any work under this Agreement. Any such replacement or repair shall be subject to the approval of the City Engineer. F. Until any category of Improvements is accepted by the City, Developer shall be responsible for the care and maintenance of such improvements and shall bear all risks of loss or damage to said improvements. Neither City, nor its officers, agents and employees, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the City. G. Developer shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance or resolution and all taxes required by law. H. Not less than fifteen (15) days prior to commencement of work on the Improvements, Developer shall give written notice to the City Engineer of the date fixed for such commencement of work in order that the City Engineer shall have adequate time to schedule all necessary inspections. Improvements specified in Schedule A, the Developer may request a final inspection by the City Engineer. If the City Engineer determines that all or any specified category of the Improvements have been completed in accordance with this Agreement and in compliance with the Improvement Plans and all applicable City Standards, then he shall certify the completion of such improvements.

DEVELOPERS OBLIGATION TO CONSTRUCT IMPROVEMENTS. A. Developer shall, at its sole expense, and in compliance with the provisions of the Development Laws, the Improvement Plans, and all applicable City standards, furnish, construct, install and guarantee the Improvements generally described in Schedule A attached hereto. B. Developer shall acquire and dedicate, or pay the cost of acquisition of, all rights-of-way, easements and other in real property for the construction or installation of the Improvements, free and clear of all liens and encumbrances. C. Subject to any time extensions granted in accordance with Section 4, Developer shall commence construction of the Improvements as set forth above in the Development Reference Data following the heading "Commencement of Improvement Work," and shall complete all Improvements within the "Completion Period" specified in said Development Reference Data; provided, however, that if the City Engineer reasonably determines that accelerated construction of the Improvements is essential in order to protect the public health, welfare and safety, including, without limitation, providing for the orderly Development of the surrounding area, the City Engineer shall give Developer not less than 15 days prior written notice to commence or accelerate installation and construction of the Improvements, or any portion thereof. The notice shall describe the work to be done by XxxxxxxxxDeveloper, the time within which the work will commence, and the period within which the work will be completed. All or any portions of said Improvements may be required to be constructed or completed at a specified time. If the Developer objects to the commencement or acceleration of the Improvements as specified by the City Engineer, the Developer may appeal the decision of the City Engineer to the City Council. Any such appeal shall be filed with the City Clerk within 10 days after receipt by Developer of the written notice from the City Engineer. D. If the Improvements to be constructed by Developer include monumentation, such monumentation shall be installed not later than thirty (30) days after the City's acceptance of all other Improvements pursuant to Section 2. As used herein, "monumentation" shall mean the setting of survey monuments and tie points, and the delivery to the City Engineer of tie notes for said points. E. Developer shall, at its sole expense, replace or repair all public improvements, public utility facilities, and surveying monuments which are destroyed or damaged as a result of any work under this Agreement. Any such replacement or repair shall be subject to the approval of the City Engineer. F. Until any category of Improvements is accepted by the City, Developer shall be responsible for the care and maintenance of such improvements and shall bear all risks of loss or damage to said improvements. Neither City, nor its officers, agents and employees, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the City. G. Developer shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance or resolution and all taxes required by law. H. Not less than fifteen (15) days prior to commencement of work on the Improvements, Developer shall give written notice to the City Engineer of the date fixed for such commencement of work in order that the City Engineer shall have adequate time to schedule all necessary inspections. Improvements specified in Schedule A, the Developer may request a final inspection by the City Engineer. If the City Engineer determines that all or any specified category of the Improvements have been completed in accordance with this Agreement and in compliance with the Improvement Plans and all applicable City Standards, then he shall certify the completion of such improvements.

DEVELOPERS OBLIGATION TO CONSTRUCT IMPROVEMENTS. A. Developer shall, at its sole expense: a. Comply with all requirements of the Permit, and in compliance any amendments thereto, and with the provisions of the Development City Laws. b. Complete, at Developer’s own expense but subject to reimbursement as provided in Exhibit B, all the public improvements required by the Permit and this Agreement in conformity with the Improvement Plans and all applicable standard specifications in effect on the date of the City’s approval of the Improvement Plans or date of most recent amendment of the Improvement Plans, if any. c. Furnish all materials necessary to complete the Public Improvements in conformity with the Improvement Plans and all applicable City standards, furnish, construct, install and guarantee standard specifications in effect on the Improvements generally described in Schedule A attached heretoapproval date of the Improvement Plans. B. d. Acquire and dedicate to the City all rights-of-way, easements, and other interests in real property for the construction and installation of the Public City-Private Developer shall acquire and dedicateAgreement (SJMC Title 14) 3 (Rev. 02/15/2012) T-1562\217903_2 Improvements, or pay the cost of acquisition of, all rights-of-way, easements and other in incurred by the City. All real property for interests dedicated by the construction or installation of Developer to the Improvements, City shall be free and clear of liens and encumbrances at the time of dedication. Developer shall remove all liens and encumbrancesencumbrances at its sole expense prior to dedication to the City and warrant such clear title at Developer’s sole expense. The Permit shall set forth the Developer’s obligations with regard to any acquisition by City of off-site interests in real property. Developer shall also be responsible for obtaining any public or private utility easements or authorization to accommodate the Project. C. Subject to any time extensions granted in accordance with Section 4, Developer shall commence e. Commence construction of the Public Improvements as set forth above by the time established in Section 24 of this Agreement and complete the Development Reference Data Public Improvements within twelve (12) months following the heading "Commencement date of Improvement Work," and shall complete all Improvements within the "Completion Period" this Agreement or as specified in said Development Reference Data; provided, however, that if any time extension granted by the City pursuant to Section 25 herein. The Public Improvements are deemed completed when the City Engineer reasonably determines that accelerated construction accepts them as provided in Section 17 herein by recordation of a Notice of Acceptance. f. Install all Project public monuments required by law prior to recordation of the Improvements is essential in order to protect the public health, welfare and safety, including, without limitation, providing for the orderly Development Notice of Acceptance. g. Comply with all of the surrounding area, requirements in the City Engineer shall give Developer not less than 15 days prior written notice to commence or accelerate installation special provisions attached hereto and construction of the Improvements, or any portion thereof. The notice shall describe the work to be done incorporated herein by Xxxxxxxxx, the time within which the work will commence, and the period within which the work will be completed. All or any portions of said Improvements may be required to be constructed or completed at a specified time. If the Developer objects to the commencement or acceleration of the Improvements reference as specified by the City Engineer, the Developer may appeal the decision of the City Engineer to the City Council. Any such appeal shall be filed with the City Clerk within 10 days after receipt by Developer of the written notice from the City Engineer. D. If the Improvements to be constructed by Developer include monumentation, such monumentation shall be installed not later than thirty (30) days after the City's acceptance of all other Improvements pursuant to Section 2. As used herein, "monumentation" shall mean the setting of survey monuments and tie points, and the delivery to the City Engineer of tie notes for said points. E. Developer shall, at its sole expense, replace or repair all public improvements, public utility facilities, and surveying monuments which are destroyed or damaged as a result of any work under this Agreement. Any such replacement or repair shall be subject to the approval of the City Engineer. F. Until any category of Improvements is accepted by the City, Developer shall be responsible for the care and maintenance of such improvements and shall bear all risks of loss or damage to said improvements. Neither City, nor its officers, agents and employees, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the City. G. Developer shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance or resolution and all taxes required by law. H. Not less than fifteen (15) days prior to commencement of work on the Improvements, Developer shall give written notice to the City Engineer of the date fixed for such commencement of work in order that the City Engineer shall have adequate time to schedule all necessary inspections. Improvements specified in Schedule A, the Developer may request a final inspection by the City Engineer. If the City Engineer determines that all or any specified category of the Improvements have been completed in accordance with this Agreement and in compliance with the Improvement Plans and all applicable City Standards, then he shall certify the completion of such improvements.Exhibit “B.”