Common use of DEVELOPMENT IMPROVEMENTS Clause in Contracts

DEVELOPMENT IMPROVEMENTS. The Developer shall, at its own expense, design, furnish, construct, and install the public and private improvements in accordance with the Final Plans and specifications as approved by the City of Arvada, Colorado. These improvements shall include, but not be limited to, construction of all public/private streets, alleys, driveways, parking areas, water lines and mains, sewer lines 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 LDC. 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 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 improvements by the City. The Developer shall complete the process of placing completed public improvements under warranty promptly upon their completion. Failure to complete the process of placing such improvements under warranty may, in the City’s discretion, result in the withholding or denial of subsequent building permits or certificates of occupancy. The City may request, and the Developer shall provide at the Developer’s cost, documentary evidence satisfactory to the City that any public rights-of-way, easements, or other property dedicated, conveyed, acquired, devised, or granted to the City are free and clear of encumbrances 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 Engineer.

Appears in 1 contract

Samples: Apex Estates Development Agreement

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DEVELOPMENT IMPROVEMENTS. The 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 public and private improvements Project Improvements in accordance with the Final Plans and specifications as approved by the City Ridge Road Improvements subject to the terms of Arvada, ColoradoSection 9. These improvements The Project Improvements shall include, but not be limited to, construction of all public/private public streets, alleys, driveways, parking areas, water lines and mains, sewer lines and mainslines, 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 LDC. 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 differentlyLand Development Code. 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 improvements 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 Public Improvements under warranty promptly upon their completioncompletion and the City shall accept the Public Improvements in accordance with then-applicable acceptance procedures. Failure to complete the process of placing such improvements the completed Public Improvements under warranty may, in the City’s reasonable discretion, result in the withholding or denial of subsequent building permits or certificates 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 encumbrances which, in the sole opinion of the City, defeat, limit, or impede the City's ability to use the public property as intendedmechanic’s liens caused by Developer. The Developer acknowledges that no construction may occur City will approve the Private Improvements and no building permits may be issued until construction documents for all required improvements are submitted and approved by accept the City EngineerPublic Improvements in phases pursuant to the Phasing Plan pursuant to its applicable established practices.

Appears in 1 contract

Samples: Development Agreement

DEVELOPMENT IMPROVEMENTS. The Owner/Developer shall, at its own expense, design, furnish, construct, and install the public and private improvements in accordance with the Final Plans plans and specifications as approved by the City of Arvada, Colorado(City Job No. 2019-0059). These improvements shall include, but not be limited to, construction of all public/private streets, alleys, driveways, parking areas, water lines and mains, sewer lines 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 LDC. 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 and private improvements must shall be completed prior to issuance of in accordance with the first building permit for the Property unless specified differentlyConstruction-phasing Plan. All 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 improvements by the City and the Developer shall warrant said 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 under warranty promptly upon their completion. These improvements shall be completed in accordance with the Construction-phasing Plan. Failure to complete the process of placing place such improvements under warranty may, in the City’s discretion, result in the withholding or denial of subsequent building permits or certificates of occupancy. The City may request, and the Owner/Developer shall provide at the Owner/Developer’s cost, documentary evidence satisfactory to the City that any public rightsright-of-way, easements, or other real property dedicated, conveyed, acquired, devised, or granted to the City are free and clear of encumbrances which, in the sole opinion of the City, defeat, limit, or impede the City's ability to use the public 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 Engineer.

Appears in 1 contract

Samples: Mountain Gateway Development Agreement

DEVELOPMENT IMPROVEMENTS. The Developer shall, at its own expense, design, furnish, construct, and install the public and private improvements in accordance with the Final Plans plans and specifications as approved by the City of Arvada, ColoradoColorado (City Job No. 3493). These improvements shall include, but not be limited to, construction of all public/private streets, alleys, driveways, parking areas, water lines and mains, sewer lines and mainslines, 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 LDC. 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 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 improvements by the City and the Developer shall warrant said improvements for two 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. Failure These improvements must be completed prior to issuance of the first certificate of occupancy for the Property unless specified differently herein and failure to complete the process of placing such improvements under warranty may, in the City’s discretion, result in the withholding or denial of subsequent building permits or certificates certificate of occupancy. The City may request, and the Developer shall provide at the Developer’s cost, documentary evidence satisfactory to the City that any public rights-of-way, easements, or other property dedicated, conveyed, acquired, devised, or granted to the City are free and clear of encumbrances 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 Engineer.

Appears in 1 contract

Samples: Draft Development Agreement

DEVELOPMENT IMPROVEMENTS. The 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 public and private improvements Project Improvements in accordance with the Final Plans and specifications as approved by the City Ridge Road Improvements subject to the terms of Arvada, ColoradoSection 9. These improvements The Project Improvements shall include, but not be limited to, construction of all public/private public streets, alleys, driveways, parking areas, water lines and mains, sewer lines and mainslines, 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 LDC. 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 differentlyLand Development Code. 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 improvements 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 Public Improvements under warranty promptly upon their completioncompletion and the City shall accept the Public Improvements in accordance with then-applicable acceptance procedures. Failure to complete the process of placing such improvements the completed Public Improvements under warranty may, in the City’s reasonable discretion, result in the withholding or denial of subsequent building permits or certificates 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 encumbrances whichmechanic’s liens caused by Developer. The City will approve the Private Improvements and accept the Public Improvements in Phases pursuant to the Phasing Plan 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 sole opinion amount of $100,000 (“ROW Letter of Credit”) to secure construction of the City, defeat, limit, or impede the City's ability to use the public property as intendedPublic Improvements. The City shall return the ROW Letter of Credit to 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 after expiration of the performance warranty of the Public Improvements, as more particularly described in Chapter 78 of the Arvada City EngineerCode.

Appears in 1 contract

Samples: Development Agreement

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DEVELOPMENT IMPROVEMENTS. The 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 public and private improvements Project Improvements in accordance with the Final Plans and specifications as approved by the City Ridge Road Improvements subject to the terms of Arvada, ColoradoSection 9. These improvements The Project Improvements shall include, but not be limited to, construction of all public/private public streets, alleys, driveways, parking areas, water lines and mains, sewer lines and mainslines, 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 LDC. 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 differentlyLand Development Code. 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 improvements 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 Public Improvements under warranty promptly upon their completioncompletion and the City shall accept the Public Improvements in accordance with then-applicable acceptance procedures. Failure to complete the process of placing such improvements the completed Public Improvements under warranty may, in the City’s reasonable discretion, result in the withholding or denial of subsequent building permits or certificates 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 encumbrances whichmechanic’s liens caused by Developer. The City will approve the Private Improvements and accept the Public Improvements in Phases pursuant to the Phasing Plan 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 sole opinion amount of $100,000 (“ROW Letter of Credit”) to secure construction of the CityPublic Improvements. Upon expiration of the performance warranty of the Public Improvements and within ten (10) days after Xxxxxxxxx’s request, 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 Engineershall 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.

Appears in 1 contract

Samples: Development Agreement

DEVELOPMENT IMPROVEMENTS. The Owner/Developer shall, at its own expense, design, furnish, construct, and install the public and private improvements in accordance with the Final Plans plans and specifications as approved by the City of Arvada, ColoradoColorado (City Job No. 3399). These improvements shall include, but not be limited to, construction of all public/private streets, alleys, driveways, parking areas, water lines and mains, sewer lines and mainslines, 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 LDC. 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 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 improvements by the City and the Owner/Developer as applicable shall warrant said improvements for two years from the date of acceptance by the City. The Owner/Developer shall complete the process of placing completed completed, public improvements under warranty promptly upon their completion. Failure 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 failure to complete the process of placing such improvements under warranty may, in the City’s discretion, result in the withholding or denial of subsequent building permits or certificates certificate of occupancy. The City may request, and the Owner/Developer shall provide at the Owner/Developer’s cost, documentary evidence satisfactory to the City that any public rights-of-way, easements, or other property dedicated, conveyed, acquired, devised, or granted to the City are free and clear of encumbrances 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 Engineer, unless specific approval from the City has otherwise been granted for an early start grading permit. Should an early start be approved, all work shall be done at the Owner/Developer’s risk with no such risk or cost to the City.

Appears in 1 contract

Samples: Geos Development Agreement

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