Common use of DEVELOPMENT IMPROVEMENTS Clause in Contracts

DEVELOPMENT IMPROVEMENTS. Subject to the terms and provisions of this Agreement (including rights to reimbursement), the Developer shall, at its own expense, design, furnish, construct, and install the Project Improvements in accordance with the Final Plans and the Ridge Road Improvements subject to the terms of Section 9. The Project Improvements shall include, but not be limited to, construction of all public streets, water and sewer lines, drainage facilities, and landscaping within and adjacent to the Property in accordance with the approved Final Plans for the Property and with the requirements of the Land Development Code. All Public Improvements constructed by the Developer in public rights-of-way, easements, streets or alleys shall become the property of the City immediately upon acceptance of said Public Improvements by the City and the Developer shall warrant said Public Improvements for two (2) years from the date of acceptance by the City. The Developer shall complete the process of placing completed Public Improvements under warranty promptly upon their completion and the City shall accept the Public Improvements in accordance with then-applicable acceptance procedures. Failure to complete the process of placing the completed Public Improvements under warranty may, in the City’s reasonable discretion, result in the withholding or denial of subsequent certificate of occupancy; provided however, the City shall provide Developer with prior written notice of breach and opportunity to cure any such breach as more specifically set forth in Section 39 below. The City may request, and the Developer shall provide at the Developer’s cost, documentary evidence reasonably satisfactory to the City that any public rights-of-way, easements, or other property dedicated, conveyed, acquired, devised, or granted to the City by Developer are free and clear of mechanic’s liens caused by Developer. The City will approve the Private Improvements and accept the Public Improvements in phases pursuant to the Phasing Plan pursuant to its applicable established practices.

DEVELOPMENT IMPROVEMENTS. Subject to the terms and provisions of this Agreement (including rights to reimbursement), the Developer shall, at its own expense, design, furnish, construct, and install the Project Improvements in accordance with the Final Plans and the Ridge Road Improvements subject to the terms of Section 9. The Project Improvements shall include, but not be limited to, construction of all public streets, water and sewer lines, drainage facilities, and landscaping within and adjacent to the Property in accordance with the approved Final Plans for the Property and with the requirements of the Land Development Code. All Public Improvements constructed by the Developer in public rights-of-way, easements, streets or alleys shall become the property of the City immediately upon acceptance of said Public Improvements by the City and the Developer shall warrant said Public Improvements for two (2) years from the date of acceptance by the City. The Developer shall complete the process of placing completed Public Improvements under warranty promptly upon their completion and the City shall accept the Public Improvements in accordance with then-applicable acceptance procedures. Failure to complete the process of placing the completed Public Improvements under warranty may, in the City’s reasonable discretion, result in the withholding or denial of subsequent certificate of occupancy; provided however, the City shall provide Developer with prior written notice of breach and opportunity to cure any such breach as more specifically set forth in Section 39 below. The City may request, and the Developer shall provide at the Developer’s cost, documentary evidence reasonably satisfactory to the City that any public rights-of-way, easements, or other property dedicated, conveyed, acquired, devised, or granted to the City by Developer are free and clear of mechanic’s liens caused by Developer. The City will approve the Private Improvements and accept the Public Improvements in phases Phases pursuant to the Phasing Plan pursuant to and its applicable established practices. within ten (10) days Pursuant to the requirements of Section 78.298(b)(1), Developer shall before commencing construction of the Public Improvements, deposit a letter of credit in the amount of $100,000 (“ROW Letter of Credit”) to secure construction of the Public Improvements. The City shall return the ROW Letter of Credit to Developer after expiration of the performance warranty of the Public Improvements, as more particularly described in Chapter 78 of the Arvada City Code.

DEVELOPMENT IMPROVEMENTS. Subject to the terms and provisions of this Agreement (including rights to reimbursement), the Developer shall, at its own expense, design, furnish, construct, and install the Project Improvements in accordance with the Final Plans and the Ridge Road Improvements subject to the terms of Section 9. The Project Improvements shall include, but not be limited to, construction of all public streets, water and sewer lines, drainage facilities, and landscaping within and adjacent to the Property in accordance with the approved Final Plans for the Property and with the requirements of the Land Development Code. All Public Improvements constructed by the Developer in public rights-of-way, easements, streets or alleys shall become the property of the City immediately upon acceptance of said Public Improvements by the City and the Developer shall warrant said Public Improvements for two (2) years from the date of acceptance by the City. The Developer shall complete the process of placing completed Public Improvements under warranty promptly upon their completion and the City shall accept the Public Improvements in accordance with then-applicable acceptance procedures. Failure to complete the process of placing the completed Public Improvements under warranty may, in the City’s reasonable discretion, result in the withholding or denial of subsequent certificate of occupancy; provided however, the City shall provide Developer with prior written notice of breach and opportunity to cure any such breach as more specifically set forth in Section 39 below. The City may request, and the Developer shall provide at the Developer’s cost, documentary evidence reasonably satisfactory to the City that any public rights-of-of- way, easements, or other property dedicated, conveyed, acquired, devised, or granted to the City by Developer are free and clear of mechanic’s liens caused by Developer. The City will approve the Private Improvements and accept the Public Improvements in phases Phases pursuant to the Phasing Plan pursuant to and its applicable established practices. Pursuant to the requirements of Section 78.298(b)(1), Developer shall before commencing construction of the Public Improvements, deposit a letter of credit in the amount of $100,000 (“ROW Letter of Credit”) to secure construction of the Public Improvements. Upon expiration of the performance warranty of the Public Improvements and within ten (10) days after Xxxxxxxxx’s request, the City shall return the ROW Letter of Credit to Developer or provide documentation satisfactory to the issuer of said ROW Letter of Credit to effectuate the termination of said ROW Letter of Credit.

DEVELOPMENT IMPROVEMENTS. Subject to the terms and provisions of this Agreement (including rights to reimbursement), the The Developer shall, at its own expense, design, furnish, construct, and install the Project Improvements improvements in accordance with the Final Plans plans and specifications approved by the Ridge Road Improvements subject to the terms City of Section 9Arvada, Colorado (City Job No. The Project Improvements 3493). These improvements shall include, but not be limited to, construction of all public public/private streets, alleys, driveways, parking areas, water and sewer lines, drainage facilities, and landscaping within and adjacent to the Property in accordance with the approved Final Plans for the Property and with the requirements of the Land Development CodeLDC. All Public Improvements public improvements constructed by the Developer in public rights-of-way, easements, streets or alleys shall become the property of the City immediately upon acceptance of said Public Improvements improvements by the City and the Developer shall warrant said Public Improvements improvements for two (2) years from the date of acceptance by the City. The Developer shall complete the process of placing completed Public Improvements public improvements under warranty promptly upon their completion completion. These improvements must be completed prior to issuance of the first certificate of occupancy for the Property unless specified differently herein and the City shall accept the Public Improvements in accordance with then-applicable acceptance procedures. Failure failure to complete the process of placing the completed Public Improvements such improvements under warranty may, in the City’s reasonable discretion, result in the withholding or denial of subsequent building permits or certificate of occupancy; provided however, the City shall provide Developer with prior written notice of breach and opportunity to cure any such breach as more specifically set forth in Section 39 below. The City may request, and the Developer shall provide at the Developer’s cost, documentary evidence reasonably satisfactory to the City that any public rights-of-way, easements, or other property dedicated, conveyed, acquired, devised, or granted to the City by Developer are free and clear of mechanic’s liens caused by Developerencumbrances which, in the sole opinion of the City, defeat, limit, or impede the City's ability to use the public property as intended. The Developer acknowledges that no construction may occur and no building permits may be issued until construction documents for all required improvements are submitted and approved by the City will approve the Private Improvements and accept the Public Improvements in phases pursuant to the Phasing Plan pursuant to its applicable established practicesEngineer.

DEVELOPMENT IMPROVEMENTS. Subject to the terms and provisions of this Agreement (including rights to reimbursement), the The Developer shall, at its own expense, design, furnish, construct, and install the Project Improvements public and private improvements in accordance with the Final Plans and specifications as approved by the Ridge Road Improvements subject to the terms City of Section 9Arvada, Colorado. The Project Improvements These improvements shall include, but not be limited to, construction of all public public/private streets, alleys, driveways, parking areas, water lines and mains, sewer lineslines and mains, drainage facilities, and landscaping within and adjacent to the Property in accordance with the approved Final Plans for the Property and with the requirements of the Land Development CodeLDC. Additionally, the Developer, at its own expense, shall design and install an eight-inch PVC water line encased in a steel casing to loop the proposed water line to the water main within W. 73rd Place in the Xxxxxxxx Farm subdivision (Reception Number 2014108599) as depicted in the Final Plans. The public improvements must be completed prior to issuance of the first building permit for the Property unless specified differently. All Public Improvements public improvements constructed by the Developer in public rights-of-way, easements, streets or alleys shall become the property of the City immediately upon acceptance of said Public Improvements by the City and the Developer shall warrant said Public Improvements for two (2) years from the date of acceptance improvements by the City. The Developer shall complete the process of placing completed Public Improvements public improvements under warranty promptly upon their completion and the City shall accept the Public Improvements in accordance with then-applicable acceptance procedurescompletion. Failure to complete the process of placing the completed Public Improvements such improvements under warranty may, in the City’s reasonable discretion, result in the withholding or denial of subsequent certificate building permits or certificates of occupancy; provided however, the City shall provide Developer with prior written notice of breach and opportunity to cure any such breach as more specifically set forth in Section 39 below. The City may request, and the Developer shall provide at the Developer’s cost, documentary evidence reasonably satisfactory to the City that any public rights-of-way, easements, or other property dedicated, conveyed, acquired, devised, or granted to the City by Developer are free and clear of mechanic’s liens caused by Developerencumbrances which, in the sole opinion of the City, defeat, limit, or impede the City's ability to use the public property as intended. The Developer acknowledges that no construction may occur and no building permits may be issued until construction documents for all required improvements are submitted and approved by the City will approve the Private Improvements and accept the Public Improvements in phases pursuant to the Phasing Plan pursuant to its applicable established practicesEngineer.

DEVELOPMENT IMPROVEMENTS. Subject to the terms and provisions of this Agreement (including rights to reimbursement), the The Owner/Developer shall, at its own expense, design, furnish, construct, and install the Project Improvements public and private improvements in accordance with the Final Plans plans and specifications approved by the Ridge Road Improvements subject to the terms of Section 9City (City Job No. The Project Improvements 2019-0059). These improvements shall include, but not be limited to, construction of all public public/private streets, alleys, driveways, parking areas, water lines and mains, sewer lineslines and mains, drainage facilities, and landscaping within and adjacent to the Property in accordance with the approved Final Plans for the Property and with the requirements of the Land Development CodeLDC. The public and private improvements shall be completed in accordance with the Construction-phasing Plan. All Public Improvements public improvements constructed by the Owner/Developer in public rights-of-way, easements, streets or alleys shall become the property of the City immediately upon acceptance of said Public Improvements improvements by the City and the Developer shall warrant said Public Improvements improvements for two (2) years from the date of acceptance by the City. The Owner/Developer shall complete the process of placing completed Public Improvements public improvements under warranty promptly upon their completion and the City completion. These improvements shall accept the Public Improvements be completed in accordance with thenthe Construction-applicable acceptance proceduresphasing Plan. Failure to complete the process of placing the completed Public Improvements place such improvements under warranty may, in the City’s reasonable discretion, result in the withholding or denial of subsequent certificate building permits or certificates of occupancy; provided however, the City shall provide Developer with prior written notice of breach and opportunity to cure any such breach as more specifically set forth in Section 39 below. The City may request, and the Owner/Developer shall provide at the Owner/Developer’s cost, documentary evidence reasonably satisfactory to the City that any public rightsright-of-way, easements, or other real property dedicated, conveyed, acquired, devised, or granted to the City by Developer are free and clear of mechanic’s liens caused by Developerencumbrances which, in the sole opinion of the City, defeat, limit, or impede the City's ability to use the relevant property as intended. The Owner/Developer acknowledges that no construction may occur and no building permits may be issued until construction documents for all required improvements are submitted and approved by the City will approve the Private Improvements and accept the Public Improvements in phases pursuant to the Phasing Plan pursuant to its applicable established practicesEngineer.

DEVELOPMENT IMPROVEMENTS. Subject to the terms and provisions of this Agreement (including rights to reimbursement), the The Owner/Developer shall, at its own expense, design, furnish, construct, and install the Project Improvements improvements in accordance with the Final Plans plans and specifications approved by the Ridge Road Improvements subject to the terms City of Section 9Arvada, Colorado (City Job No. The Project Improvements 3399). These improvements shall include, but not be limited to, construction of all public public/private streets, alleys, driveways, parking areas, water and sewer lines, drainage facilities, and landscaping within and adjacent to the Property in accordance with the approved Final Plans for the Property and with the requirements of the Land Development CodeLDC. All Public Improvements public improvements constructed by the Owner/Developer in public rights-of-way, easements, streets or alleys shall become the property of the City immediately upon acceptance of said Public Improvements improvements by the City and the Owner/Developer as applicable shall warrant said Public Improvements improvements for two (2) years from the date of acceptance by the City. The Owner/Developer shall complete the process of placing completed Public Improvements completed, public improvements under warranty promptly upon their completion completion. These improvements must be completed, but not necessarily accepted prior to issuance of the first certificate of occupancy within each phase of development for the Property unless specified differently herein and the City shall accept the Public Improvements in accordance with then-applicable acceptance procedures. Failure failure to complete the process of placing the completed Public Improvements such improvements under warranty may, in the City’s reasonable discretion, result in the withholding or denial of subsequent building permits or certificate of occupancy; provided however, the City shall provide Developer with prior written notice of breach and opportunity to cure any such breach as more specifically set forth in Section 39 below. The City may request, and the Owner/Developer shall provide at the Owner/Developer’s cost, documentary evidence reasonably satisfactory to the City that any public rights-of-way, easements, or other property dedicated, conveyed, acquired, devised, or granted to the City by Developer are free and clear of mechanic’s liens caused by Developerencumbrances which, in the sole opinion of the City, defeat, limit, or impede the City's ability to use the public property as intended. The Owner/Developer acknowledges that no construction may occur and no building permits may be issued until construction documents for all required improvements are submitted and approved by the City will approve Engineer, unless specific approval from the Private Improvements and accept City has otherwise been granted for an early start grading permit. Should an early start be approved, all work shall be done at the Public Improvements in phases pursuant Owner/Developer’s risk with no such risk or cost to the Phasing Plan pursuant to its applicable established practicesCity.