Common use of Developer’s Obligations to Construct Improvements Clause in Contracts

Developer’s Obligations to Construct Improvements. Developer shall design, construct and install at its own expense, the Improvements on or before the Estimated Completion Date set forth in Exhibit C, subject to extension as provided for delays due to Force Majeure. Construction of the Improvements shall be in substantial and material conformance with the Plans and Specifications, as reviewed and approved by the City Engineer or a designated representative, and shall be in compliance with all policies, ordinances, standards and specifications adopted by the City relating thereto in effect at the time of such construction. The City’s review and approval of the Plans and Specifications shall not impose any liability on the City and shall not limit or affect Developer’s responsibility or liability for design, construction and installation of the Improvements. Developer agrees to save and hold the City harmless from any claims, fault or negligence attributable to such design, construction and installation. a. Acquisition of rights-of-way and easements. Before commencing the construction of any Improvements the Developer shall acquire, at its own expense, good and sufficient rights-of-way or easements, clear of any encumbrances except permitted encumbrances to which the City has consented in advance and in writing, on all lands and facilities, if any, traversed by the proposed improvements. b. Operation Standards during construction. 1) Hours of operation of construction equipment. With regard to the construction and installation of the Improvements described in this Agreement, the operation of construction equipment outside an enclosed structure (i.e. grading, other surface improvements, underground utilities, either public or private) shall be prohibited between the hours of 8:00 p.m. and 7:00 a.m. on weekdays and 4:00 p.m. and 8:00 a.m. on legal holidays and weekends. In situations of need, and upon written request, the hours of operation may be altered by the City Engineer or their designated representative. 2) Debris in public rights-of-way. With regard to the construction and installation of the Improvements described in this Agreement, the Developer shall, at all times, keep the public right-of-way free from accumulation of dirt, mud, waste material or rubbish caused by its operation. Developer shall remove such rubbish no less than weekly and, at the completion of its work, shall remove all waste materials, rubbish, tools, construction equipment, machinery, and surplus materials from the public right-of-way caused by its operation. 3) Erosion control requirements. Developer shall install temporary and permanent erosion control in the Development to control erosion by both wind and water. Developer shall maintain said erosion controls on a routine basis. By way of explanation and without limitation, said control may consist of seeding of approved grasses, temporary dikes, gabions and/or other devices. In the event that the Developer fails to perform erosion control maintenance, Developer shall have 20 days upon receiving written notice to bring the Development into compliance. 4) Other nuisance mitigation. To the extent reasonably possible, Developer shall mitigate any nuisance caused by construction activities in connection with the installation and construction of the Improvements, including but not limited to noxious odors, excessive dust, particularly on days with high winds, and artificial light intrusion. 5) Standards for subcontractors. Developer hereby agrees that it shall require its subcontractors to comply with the Operations Standards as set forth in this Section, including but not limited to cooperating with the City’s construction inspectors, and ceasing operations when winds are of sufficient velocity to create blowing dust which, in the City’s construction inspector’s opinion, is hazardous to the public health and welfare and ceasing such operations will not pose an immediate risk to health, safety, and welfare. 6) Remedies for failure to comply with Operation Standards. Failure to comply with the Operation Standards set forth in this Section shall be sufficient cause for the City to withhold building permits and/or certificates of occupancy or other approvals or permits until corrected to the satisfaction of the City Engineer or designee.

Developer’s Obligations to Construct Improvements. Developer shall design, construct and install at its own expense, the Improvements on or before the Estimated Completion Date set forth in Exhibit C, subject to extension as provided for delays due to Force Majeure. Construction of the Improvements shall be in substantial and material conformance with the Plans and Specifications, as reviewed and approved by the City Engineer Public Works Director or a designated representative, and shall be in compliance with all policies, ordinances, standards and specifications adopted by the City relating thereto in effect at the time of such construction. The City’s review and approval of the Plans and Specifications shall not impose any liability on the City and shall not limit or affect Developer’s responsibility or liability for design, construction and installation of the Improvements. Developer agrees to save and hold the City harmless from any claims, fault or negligence attributable to such design, construction and installation. a. Acquisition of rights-of-way and easements. Before commencing the construction of any Improvements the Developer shall acquire, at its own expense, good and sufficient rights-rights- of-way or easements, clear of any encumbrances except permitted encumbrances to which the City has consented in advance and in writing, on all lands and facilities, if any, traversed by the proposed improvementsImprovements. b. Operation Standards during construction. 1) Hours of operation of construction equipment. With regard to the construction and installation of the Improvements described in this Agreement, the The operation of construction equipment outside an enclosed structure (i.e. grading, other surface improvements, underground utilities, either public or private) shall be prohibited between the hours of 8:00 p.m. and 7:00 a.m. on weekdays and 4:00 p.m. and 8:00 a.m. 8:00 a. m. on legal holidays and weekends. In situations of need, and upon written request, the hours of operation may be altered by the City Engineer or their designated representativePublic Works Director. 2) Debris in public rights-of-way. With regard to the construction and installation of the Improvements described in this Agreement, the The Developer shall, at all times, keep the public right-of-way free from accumulation of dirt, mud, waste material or rubbish rubbish; or tracking of dirt, sand, gravel caused by its operation. Developer shall remove such rubbish no less than weekly and, at the completion of its work, shall remove all waste materials, rubbish, tools, construction equipment, machinery, and surplus materials from the public right-of-way caused by its operation. 3) Erosion control requirements. Developer shall install temporary and permanent erosion control in the Development to control erosion by both wind and water. Developer shall maintain said erosion controls on a routine basis. By way of explanation and without limitation, said control may consist of seeding of approved grasses, temporary dikes, gabions and/or other devices. In the event that the Developer fails to perform erosion control maintenance, Developer shall have 20 days upon receiving written notice to bring the Development into compliance. 4) Other nuisance mitigation. To the extent reasonably possible, Developer shall mitigate any nuisance caused by construction activities in connection with the installation and construction development of the ImprovementsProperty, including but not limited to noxious odors, excessive dust, particularly on days with high winds, and artificial light intrusion. 5) Standards for subcontractors. Developer hereby agrees that it shall require its subcontractors to comply with the Operations Standards operations standards as set forth in this Section, including but not limited to cooperating with the City’s construction inspectors, and ceasing operations when winds are of sufficient velocity to create blowing dust which, in the City’s construction inspector’s opinion, is hazardous to the public health and welfare and ceasing such operations will not pose an immediate risk to health, safety, and welfare. 6) Remedies for failure to comply with Operation Standardsoperation standards. Failure to comply with the Operation Standards set forth in this Section shall be sufficient cause for the City to withhold building permits and/or certificates of occupancy or other approvals or permits until corrected to the satisfaction of the City Engineer Public Works Director or designee.

Developer’s Obligations to Construct Improvements. Developer shall design, construct and install at its own expense, the Improvements more particularly described in Section 9 (Development Standards) which are included in Exhibit C on or before the Estimated Completion Date set forth in Exhibit CDate, subject to extension as provided for delays due to Force Majeure. Construction of the Improvements shall be in substantial and material conformance with the Plans and Specifications, as reviewed and approved by the City Engineer Public Works Director or a designated representative, and shall be in compliance with all policies, ordinances, standards and specifications adopted by the City relating thereto in effect at the time issuance of such construction. the construction permit based solely on the Improvements more particularly described in Section 9 (Development Standards) which are included in Exhibit C. The City’s review and approval of the Plans and Specifications shall not impose any liability on the City and shall not limit or affect Developer’s responsibility or liability for design, construction and installation of the Improvements. Developer Xxxxxxxxx agrees to save and hold the City harmless from any claims, fault or negligence attributable to such design, construction and installation. Nothing in this Agreement shall obligate the Developer to violate any health and safety measures or building codes. Nothing in this Agreement shall obligate the Developer to repair existing damage to City-owned improvements. Prior to commencement of construction, Developer and City shall meet on site to memorialize any existing damage and allocate responsibility for repairs. a. Acquisition of rights-of-way and easements. Before commencing the construction of any Improvements the Developer shall acquire, at its own expense, good and sufficient rights-of-way or easements, clear of any encumbrances except permitted encumbrances to which the City has consented in advance and in writing, on all lands and facilities, if any, traversed by the proposed improvements. b. Operation Standards during construction. 1) Hours of operation of construction equipment. With regard to the construction and installation Hours of the Improvements described in this Agreement, the Operation of Construction Equipment: The operation of construction equipment outside an enclosed structure (i.e. grading, other surface improvements, underground utilities, either public or private) shall be prohibited between the hours of 8:00 p.m. and 7:00 a.m. on weekdays and 4:00 p.m. and 8:00 a.m. 8:00 a. m. on legal holidays and weekends. In situations of need, and upon written request, the hours of operation may be altered by the City Engineer Public Works Director or their designated representative. 2) Debris in public rights-of-way. With regard to the construction and installation of the Improvements described in this Agreement, the The Developer shall, at all times, keep the public right-of-way free from accumulation of dirt, mud, waste material or rubbish caused by its operation. Developer shall remove such rubbish no less than weekly and, at the completion of its work, shall remove all waste materials, rubbish, tools, construction equipment, machinery, and surplus materials from the public right-of-way caused by its operation. 3) Erosion control requirements. Developer shall install temporary and permanent erosion control in the Development to control erosion by both wind and water. Developer shall maintain said erosion controls on a routine basis. By way of explanation and without limitation, said control may consist of seeding of approved grasses, temporary dikes, gabions and/or other devices. In the event that the Developer fails to perform erosion control maintenance, Developer shall have 20 days upon receiving written notice to bring the Development into compliance. 4) Other nuisance mitigation. To the extent reasonably possible, Developer shall mitigate any nuisance caused by construction activities in connection with the installation and construction development of the ImprovementsProperty, including but not limited to noxious odors, excessive dust, particularly on days with high winds, and artificial light intrusion. 5) Standards for subcontractors. Developer hereby agrees that it shall require its subcontractors to comply with the Operations Standards as set forth in this Section, including but not limited to cooperating with the City’s construction inspectors, and ceasing operations when winds are of sufficient velocity to create blowing dust which, in the City’s construction inspector’s opinion, is hazardous to the public health and welfare and ceasing such operations will not pose an immediate risk to health, safety, and welfare. 6) Remedies for failure to comply with Operation Standards. Failure to comply with the Operation Standards set forth in this Section shall be sufficient cause for the City to withhold building permits and/or certificates of occupancy or other approvals or permits until corrected to the satisfaction of the City Engineer Public Works Director or designee.

Developer’s Obligations to Construct Improvements. Developer shall design, construct and install at its own expense, the Improvements on or before the Estimated Completion Date set forth in Exhibit C, subject to extension as provided for delays due to Force Majeure. Construction of the Improvements shall be in substantial and material conformance with the Plans and Specifications, as reviewed and approved by the City Engineer Public Works Director or a designated representative, and shall be in compliance with all policies, ordinances, standards and specifications adopted by the City relating thereto in effect at the time of such construction. The City’s review and approval of the Plans and Specifications shall not impose any liability on the City and shall not limit or affect Developer’s responsibility or liability for design, construction and installation of the Improvements. Developer agrees to save and hold the City harmless from any claims, fault or negligence attributable to such design, construction and installation. a. Acquisition of rights-of-way and easements. Before commencing the construction of any Improvements the Developer shall acquire, at its own expense, good and sufficient rights-of-way or easements, clear of any encumbrances except permitted encumbrances to which the City has consented in advance and in writing, on all lands and facilities, if any, traversed by the proposed improvements. b. Operation Standards Improvements. Such rights-of- way shall include 00xx Xxxxxx to the Property right-of-way prior to commencement of construction activities. All construction traffic shall use the all-weather access road during construction. 1. Arterial Road Improvements and Dedications: The developer is required to dedicate an additional five feet (5’) Hours of operation of construction equipment. With regard to the construction and installation of the Improvements described in this Agreement, the operation of construction equipment outside an enclosed structure (i.e. grading, other surface improvements, underground utilities, either public or private) shall be prohibited between the hours of 8:00 p.m. and 7:00 a.m. on weekdays and 4:00 p.m. and 8:00 a.m. on legal holidays and weekends. In situations of need, and upon written request, the hours of operation may be altered right-of-way for 00xx Xxxxxx as required by the City Engineer or their designated representative. 2) Debris in public rights-of-way. With regard of Xxxxx for future improvements to the construction existing road and installation associated improvements. The Site Plan approval includes required dedication of the Improvements described in this Agreement, the Developer shall, at all times, keep the public right-of-way free from accumulation for Tuscan Way to the south of dirt, mud, waste material the proposed development. The costs associated the Arterial Road Improvements and Dedications are set forth on Exhibit C. Access and Egress: There shall be a minimum of two means of all-weather or rubbish caused paved ingress and egress into the Wildhorse at Tuscany development at all times for emergency vehicle access or as may otherwise be approved by its operationthe City. Developer shall remove such rubbish no less than weekly and, at The developer is required to dedicate the completion north half of its work, shall remove all waste materials, rubbish, tools, construction equipment, machinery, and surplus materials from the public Tuscan Way right-of- way. The developer will also be required to pay a fee-in-lieu of improvements to the Tuscan Way right-of-way, equal to a 1/2 local street, from the 00xx Xxxxxx right- of-way caused by its operation. 3) Erosion control requirementsto the east edge of the entrance of the development in an amount of $45,000 as set detailed on Exhibit C. This fee-in-lieu will include the cost of curb and gutter replacement, sidewalk installation and ½ local street paved section per City minimum standards. This fee shall include the cost of design and engineering in addition to the cost of construction. This fee shall be payable at the time of the first building permit issuance. Mailbox Locations: Developer shall install temporary and permanent erosion control in any cluster mailboxes required by the Development to control erosion by both wind and water. Developer shall maintain said erosion controls on a routine basis. By way of explanation and without limitation, said control may consist of seeding of approved grasses, temporary dikes, gabions and/or other devices. In the event that the Developer fails to perform erosion control maintenance, Developer shall have 20 days upon receiving written notice to bring the Development into complianceUnited States Postal Service. 4) Other nuisance mitigation. To the extent reasonably possible, Developer shall mitigate any nuisance caused by construction activities in connection with the installation and construction of the Improvements, including but not limited to noxious odors, excessive dust, particularly on days with high winds, and artificial light intrusion. 5) Standards for subcontractors. Developer hereby agrees that it shall require its subcontractors to comply with the Operations Standards as set forth in this Section, including but not limited to cooperating with the City’s construction inspectors, and ceasing operations when winds are of sufficient velocity to create blowing dust which, in the City’s construction inspector’s opinion, is hazardous to the public health and welfare and ceasing such operations will not pose an immediate risk to health, safety, and welfare. 6) Remedies for failure to comply with Operation Standards. Failure to comply with the Operation Standards set forth in this Section shall be sufficient cause for the City to withhold building permits and/or certificates of occupancy or other approvals or permits until corrected to the satisfaction of the City Engineer or designee.