Development Plan. Those drawings identified on the attached Exhibit A prepared by Xxxxxx Associates, Inc., together with all details and notes shown thereon, and all specifications referred to therein (including all amendments and revisions to date as well as any amendments and revisions lawfully adopted hereafter) are incorporated into this agreement by reference and are sometimes collectively referred to hereafter as the “Development Plan(s)”. With respect to the Development Plan, the Developer agrees upon request of the Town to furnish any supplemental information in connection therewith. Within ninety (90) days of the completion of the construction of each underground facility and testing thereof to the Town’s satisfaction the Developer shall deliver “as built” drawings with respect thereto to the Town. If not delivered within ninety days the Developer shall pay to the Town a penalty of $100.00 per day for each day beyond said period that the drawings are not delivered, the total amount of the penalty to be a charge against the bond required by paragraph 5 and failure to pay said penalty within thirty (30) days of the date when the drawings are delivered shall constitute an act of default entitling the Town to exercise the remedies set forth in paragraph 11. In the event of any conflict or inconsistency between one part of the Development Plan and any other part of the Development Plan or between said Development Plan and any specifications, standard details, development guidelines of the Town of Mount Airy, the subdivision regulations, landscape manual and ordinances of the Town of Mount Airy, or between any of them and this Agreement, then, in that event, such conflict or inconsistency shall be interpreted in the light most favorable to the Town and in the event of any dispute between the parties concerning such interpretations then the determination with respect to such dispute shall be made by the Town Engineer whose decision shall be final and conclusive upon the parties. Developer shall be bound by all of the applicable provisions of the zoning and subdivision regulations and all ordinances of the Town whether or not mentioned herein.
Appears in 6 contracts
Samples: Town of Mount Airy Public Works Agreement, Public Works Agreement, Public Works Agreement
Development Plan. Those drawings identified on the attached Exhibit A prepared by Xxxxxx Vanmar Associates, Inc., together with all details and notes shown thereon, and all specifications referred to therein (including all amendments and revisions to date as well as any amendments and revisions lawfully adopted hereafter) are incorporated into this agreement by reference and are sometimes collectively referred to hereafter as the “Development Plan(s)”. With respect to the Development Plan, the Developer agrees upon request of the Town to furnish any supplemental information in connection therewith. Within ninety (90) days of the completion of the construction of each underground facility and testing thereof to the Town’s satisfaction the Developer shall deliver “as built” drawings with respect thereto to the Town. If not delivered within ninety days the Developer shall pay to the Town a penalty of $100.00 per day for each day beyond said period that the drawings are not delivered, the total amount of the penalty to be a charge against the bond required by paragraph 5 and failure to pay said penalty within thirty (30) days of the date when the drawings are delivered shall constitute an act of default entitling the Town to exercise the remedies set forth in paragraph 11. In the event of any conflict or inconsistency between one part of the Development Plan and any other part of the Development Plan or between said Development Plan and any specifications, standard details, development guidelines of the Town of Mount Airy, the subdivision regulations, landscape manual and ordinances of the Town of Mount Airy, or between any of them and this Agreement, then, in that event, such conflict or inconsistency shall be interpreted in the light most favorable to the Town and in the event of any dispute between the parties concerning such interpretations then the determination with respect to such dispute shall be made by the Town Engineer whose decision shall be final and conclusive upon the parties. Developer shall be bound by all of the applicable provisions of the zoning and subdivision regulations and all ordinances of the Town whether or not mentioned herein.
Appears in 3 contracts
Samples: Public Works Agreement, Town of Mount Airy Public Works Agreement, Public Works Agreement
