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Common use of Fencing Clause in Contracts

Fencing. ‌ 14.1 The Developer shall, at its own expense, as part of the development of the Development Area, construct fences as per the approved drawings. 14.2 All fences to be constructed by the Developer pursuant to the requirements hereof shall be of uniform design and the design and construction thereof shall be subject to the approval of the Town. 14.3 Any uniform fencing as contemplated herein which is wholly located upon Public Properties and does not abut upon other properties, shall be maintained by the Developer during the Guarantee Period as provided in this Agreement. 14.4 Any uniform fencing which is intended to separate Public Properties from other lands shall be constructed wholly upon such other lands and shall not be constructed on the boundary line between the Public Properties and the other lands. 14.5 Any uniform fencing which is not wholly located upon Public Properties shall be maintained by the Developer until the expiration of the Guarantee Period for such uniform fencing and thereafter shall be maintained by the owners of the properties upon which the uniform fencing is located, and further, in order to ensure the maintenance obligations of such owners, the Developer shall, prior to selling or transferring any such properties, register against such properties a restrictive covenant, in a form acceptable to the Town, which shall impose such maintenance obligations upon the future owners of such properties. 14.6 The Developer covenants that in addition to the requirements of any permanent fencing within the Development Area, the Developer shall prior to the issuance of a Construction Completion Certificate for the above ground Municipal Improvements, at the Developer's own cost and expense, construct and maintain temporary fencing of a type and to a standard acceptable to the Town around all municipal and environmental reserve parcels within the Development Area.

Appears in 2 contracts

Samples: Subdivision/Development Agreement, Subdivision/Development Agreement

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Fencing. 14.1 13.1 The Developer shall, at its own expense, as part of the development of the Development Area, construct fences as per the approved drawingsApproved Plans. 14.2 13.2 All fences to be constructed by the Developer pursuant to the requirements hereof shall be of uniform design and the design and construction thereof shall be subject to the approval of the Town. 14.3 13.3 Any uniform fencing as contemplated herein which is wholly located upon Public Properties and does not abut upon other properties, shall be maintained by the Developer during the Guarantee Period as provided in this Agreement. 14.4 13.4 Any uniform fencing which is intended to separate Public Properties from other lands shall be constructed wholly upon such other lands and shall not be constructed on the boundary line between the Public Properties and the other lands. 14.5 13.5 Any uniform fencing which is not wholly located upon Public Properties shall be maintained by the Developer until the expiration of the Guarantee Period for such uniform fencing and thereafter shall be maintained by the owners of the properties upon which the uniform fencing is located, and further, in order to ensure the maintenance obligations of such owners, the Developer shall, prior to selling or transferring any such properties, register against such properties a restrictive covenant, in a form acceptable to the Town, which shall impose such maintenance obligations upon the future owners of such properties. 14.6 13.6 The Developer covenants that in addition to the requirements of any permanent fencing within the Development Area, the Developer shall prior to the issuance of a Construction Completion Certificate for the above ground Municipal Improvements, at the Developer's own cost and expense, construct and maintain temporary fencing of a type and to a standard acceptable to the Town around all municipal and environmental reserve parcels within the Development Area.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Fencing. 14.1 The Developer shall, at its own expense, as part of the development of the Development Area, construct fences as per of the approved drawingstype hereinafter referred to where required by the Municipality, including public utility lots and walkways. The Plans shall include a description of the location of fences, and the design and construction. 14.2 All fences to be constructed by the Developer pursuant to the requirements hereof shall be of uniform design and the design and construction thereof shall be subject to the approval of the TownMunicipality in its sole and absolute discretion. 14.3 Any uniform fencing as contemplated herein which is wholly located upon Public Properties and does not abut upon other properties, shall be maintained by the Developer during the Guarantee Period as provided in this Agreement. 14.4 Any uniform fencing which is intended to separate Public Properties from other lands shall be constructed wholly upon such other lands in accordance with the General Design Standards and shall not be constructed on prior to construction of any lot within the boundary line between the Public Properties and the other landsDevelopment Area. 14.5 Any uniform fencing which is not wholly located upon Public Properties shall be maintained by the Developer until the expiration of the Guarantee Period for such uniform fencing and thereafter shall be maintained by the owners of the properties upon which the uniform fencing is located, and further, in order to ensure the maintenance obligations of such owners, the Developer shall, prior to selling or transferring any such properties, register against such properties a restrictive covenant, in a form acceptable to the TownMunicipality, which shall impose such maintenance obligations upon the future owners of such properties. 14.6 The Developer covenants that in addition to the requirements of any permanent fencing within the Development Area, that the Developer shall prior to the issuance of a Construction Completion Certificate for the above ground Municipal Improvements, at the Developer's own cost and expense, construct and maintain temporary fencing of a type and to a standard acceptable to the Town Municipality around all municipal and environmental reserve parcels within the Development Area.

Appears in 1 contract

Samples: Single Stage Development Agreement

Fencing. 14.1 The Developer shall, at its own expense, as part of the development of the Development Area, construct fences as per of the approved drawingstype hereinafter referred to where required by the County, including public utility lots and walkways. The Plans shall include a description of the location of fences, and the design and construction. 14.2 All fences to be constructed by the Developer pursuant to the requirements hereof shall be of uniform design and the design and construction thereof shall be subject to the approval of the TownCounty in its sole and absolute discretion. 14.3 Any uniform fencing as contemplated herein which is wholly located upon Public Properties and does not abut upon other properties, shall be maintained by the Developer during the Guarantee Period as provided in this Agreement. 14.4 Any uniform fencing which is intended to separate Public Properties from other lands shall be constructed wholly upon such other lands and shall not be constructed on the boundary line between the Public Properties and the other lands. 14.5 Any uniform fencing which is not wholly located upon Public Properties shall be maintained by the Developer until the expiration issuance of the Guarantee Period Final Acceptance Certificate for such uniform fencing and thereafter shall be maintained by the owners of the properties upon which the uniform fencing is located, and further, in order to ensure the maintenance obligations of such owners, the Developer shall, prior to selling or transferring any such properties, register against such properties a restrictive covenant, in a form acceptable to the TownCounty, which shall impose such maintenance obligations upon the future owners of such properties. 14.6 The Developer covenants that in addition to the requirements of any permanent fencing within the Development Area, that the Developer shall prior to the issuance of a Construction Completion Final Acceptance Certificate for the above ground surface Municipal ImprovementsImprovements and Landscaping, at the Developer's own cost and expense, construct and maintain temporary fencing of a type and to a standard acceptable to the Town County around all municipal and environmental reserve parcels within the Development Area.

Appears in 1 contract

Samples: Development Agreement

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Fencing. 14.1 The Developer shall, at its own expense, construct fences (“Uniform Fencing”) of the type hereinafter referred to where required, including public utility lots and walkways, and as part shown on Schedule "B" of this Agreement, by the County in conjunction with the development of the Development Area, construct fences as per the approved drawings. 14.2 All fences Uniform Fencing to be constructed by the Developer pursuant to the requirements hereof shall be of uniform design and the design and construction thereof shall be subject to the approval acceptance of the TownCounty. 14.3 Any uniform fencing Uniform Fencing as contemplated herein which is wholly located upon Public Properties and does not abut upon other properties, shall be maintained by the Developer during the Guarantee Period as provided in this Agreement. 14.4 Any uniform fencing which Uniform Fencing that is intended to separate Public Properties from other lands shall be constructed wholly upon such other lands and shall not be constructed on the boundary line between the Public Properties and the other lands. 14.5 Any uniform fencing which Uniform Fencing that is not wholly located upon Public Properties shall be maintained by the Developer until issuance of a Final Acceptance Certificate for the expiration of the Guarantee Period for such uniform fencing Uniform Fencing, and thereafter shall be maintained by the owners of the properties upon which the uniform fencing Uniform Fencing is located, and further, in order to ensure the maintenance obligations of such owners, the Developer shall, prior to selling or transferring any such properties, register against such properties a restrictive covenant, in a form acceptable to the TownCounty, which shall impose such maintenance obligations upon the future owners of such properties. 14.6 The Developer covenants that in addition to the requirements of any permanent fencing within the Development Area, the Developer shall prior to the issuance of a Construction Completion Certificate for the above ground Municipal Improvements, at the Developer's own cost and expense, construct and maintain temporary fencing of a type and to a standard acceptable to the Town around all municipal and environmental reserve parcels within the Development Area.

Appears in 1 contract

Samples: Development Agreement