Common use of DEVELOPMENT IMPROVEMENTS Clause in Contracts

DEVELOPMENT IMPROVEMENTS. The Owner/Developer shall, at its own expense, design, furnish, construct, and install the public and private improvements in accordance with the plans and specifications approved by the City (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. The public and private improvements shall be completed in accordance with the Construction-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 completion. These improvements shall be completed in accordance with the Construction-phasing Plan. Failure to 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 right-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 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.

DEVELOPMENT IMPROVEMENTS. The Owner/Developer shall, at its own expense, design, furnish, construct, and install the public and private improvements in accordance with the plans and specifications approved by the City of Arvada, Colorado (City Job No. 2019-00593399). 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. The public and private improvements shall be completed in accordance with the Construction-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 Owner/Developer as applicable 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 completed, public improvements under warranty promptly upon their completion. These improvements shall must be completed in accordance with completed, but not necessarily accepted prior to issuance of the Construction-phasing Plan. Failure first certificate of occupancy within each phase of development for the Property unless specified differently herein and failure to place 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 rightrights-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 relevant 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.

DEVELOPMENT IMPROVEMENTS. The Owner/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 plans Final Plans and specifications approved by the City (City Job NoRidge Road Improvements subject to the terms of Section 9. 2019-0059). 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. The public and private improvements shall be completed in accordance with the Construction-phasing PlanLand Development Code. 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 improvements Public Improvements by the City and the Developer shall warrant said improvements Public 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 completion. These improvements their completion and the City shall be completed accept the Public Improvements in accordance with the Constructionthen-phasing Planapplicable acceptance procedures. Failure to place such improvements 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 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 Owner/Developer shall provide at the Owner/Developer’s cost, documentary evidence reasonably satisfactory to the City that any public rightrights-of-way, easements, or other real 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 relevant property as intendedPublic Improvements. The Owner/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 City Engineer.performance

DEVELOPMENT IMPROVEMENTS. The Owner/Developer shall, at its own expense, design, furnish, construct, and install the public and private improvements in accordance with the plans and specifications approved by the City (City Job No. 2019-0059)City. 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 Land Development Code (“LDC. .”) The public and private improvements shall must be completed prior to issuance of the first certificate of occupancy for the Property unless specified differently. All finished surfaces including paved Fire Lane and Emergency Access Easements and drainage xxxxxx on the Property must be completed prior to issuance of the first certificate of occupancy for the Property in accordance with the Constructionapproved Final Plans. All remaining aspects of the Final Plans related to each lot shall be constructed prior to the certificate of occupancy for each lot. This shall include, but not be limited to parking lot paving and striping, landscaping, trash enclosures, and related screening, rooftop mechanical screening, and all other requirements of the Final Plans and the LDC. Prior to above grade construction, an all-phasing Planweather surface approved by the Fire Protection District for the Fire Lane and Emergency Access Easements must be constructed and fire hydrants shall be operational. 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 place 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 Owner/Developer shall provide at the Owner/Developer’s cost, documentary evidence satisfactory to the City that any public rightrights-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 relevant 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. The Owner/Developer shall coordinate all work with adjacent property owners prior to commencement of work on the adjacent properties. The Owner/Developer shall restore areas disturbed on the adjacent properties to existing or better conditions than prior to disturbance.

DEVELOPMENT IMPROVEMENTS. The Owner/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 plans Final Plans and specifications approved by the City (City Job NoRidge Road Improvements subject to the terms of Section 9. 2019-0059). 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. The public and private improvements shall be completed in accordance with the Construction-phasing PlanLand Development Code. 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 improvements Public Improvements by the City and the Developer shall warrant said improvements Public 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 completion. These improvements their completion and the City shall be completed accept the Public Improvements in accordance with the Constructionthen-phasing Planapplicable acceptance procedures. Failure to place such improvements 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 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 Owner/Developer shall provide at the Owner/Developer’s cost, documentary evidence reasonably satisfactory to the City that any public rightrights-of-of- way, easements, or other real 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 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 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.

DEVELOPMENT IMPROVEMENTS. The Owner/Developer shall, at its own expense, design, furnish, construct, and install the public and private improvements in accordance with the plans Final Plans and specifications as approved by the City (City Job No. 2019-0059)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 and private improvements shall must be completed in accordance with prior to issuance of the Construction-phasing Planfirst 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 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 place 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 Owner/Developer shall provide at the Owner/Developer’s cost, documentary evidence satisfactory to the City that any public rightrights-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 relevant 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.

DEVELOPMENT IMPROVEMENTS. The Owner/Developer shall, at its own expense, design, furnish, construct, and install the public and private improvements in accordance with the plans and specifications approved by the City of Arvada, Colorado (City Job No. 2019-00593493). 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. The public and private improvements shall be completed in accordance with the Construction-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 must be completed in accordance with prior to issuance of the Construction-phasing Plan. Failure first certificate of occupancy for the Property unless specified differently herein and failure to place 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 rightrights-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 relevant 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.