Common use of MAINTAIN PUBLIC PROPERTY DAMAGED OR CLUTTERED DURING CONSTRUCTION Clause in Contracts

MAINTAIN PUBLIC PROPERTY DAMAGED OR CLUTTERED DURING CONSTRUCTION. Project Land Owner agrees to assume full financial responsibility for any damage which may occur to public property including, but not limited to, streets, street subbase, base, bituminous surface, curb, utility system including, but not limited to, watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Project Land, except for damage caused by the City, its employees, agents or contractors in connection with City’s construction of the Petition Items or its willful misconduct or gross negligence. Project Land Owner further agrees to pay all costs required to repair the streets and/or utility systems damaged or unreasonably cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Project Land by Project Land Owner, its agents, employees, and contractors. In the event Project Land Owner fails to maintain or repair the damaged public property referred to aforesaid, the City shall provide written notice of such failure to Project Land Owner and Owner and, if such failure is not cured within thirty (30) days thereafter, Project Land Owner hereby agrees that City may undertake making or causing said damage or clutter to be repaired or cleaned. When City undertakes such repair, Project Land Owner shall reimburse City for all of its reasonable actual expenses within thirty (30) days of its billing to Project Land Owner. If Project Land Owner fails to pay said bill within thirty (30) days of being billed, City may draw funds from the Project Land Surety.

MAINTAIN PUBLIC PROPERTY DAMAGED OR CLUTTERED DURING CONSTRUCTION. Project Land Owner Developer agrees to assume full financial responsibility for any damage which may occur to public property including, but not limited to, streets, street subbase, base, bituminous surface, curb, utility system including, but not limited to, watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Project Landthe Property, except for damage caused by the City, its employees, agents or contractors in connection with City’s construction of the Petition Items Xxxxxxx Xxxx North, or its willful misconduct or gross negligence. Project Land Owner Developer further agrees to pay all reasonable costs required to repair the streets and/or utility systems damaged or unreasonably cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Project Land the Property by Project Land OwnerDeveloper, its agents, employees, and contractors. In the event Project Land Owner Developer fails to maintain or repair the damaged public property referred to aforesaid, the City shall provide written notice of such failure to Project Land Owner and Owner Developer and, if such failure is not cured within thirty (30) days thereafterthereafter (or such later period of time agreed to by the City), Project Land Owner Developer hereby agrees that City may undertake making or causing said damage or clutter to be repaired or cleaned. When City undertakes such repair, Project Land Owner Developer shall reimburse City for all of its reasonable actual expenses within thirty (30) days of its billing to Project Land OwnerDeveloper. If Project Land Owner Xxxxxxxxx fails to pay said bill within thirty (30) days of being billed, the City may may, among other remedies available, draw funds from the Project Land Surety.

MAINTAIN PUBLIC PROPERTY DAMAGED OR CLUTTERED DURING CONSTRUCTION. Project Land Owner Developer agrees to assume full financial responsibility for any damage which may occur to public property on or immediately adjacent to the Property including, but not limited to, streets, street subbase, base, bituminous surface, curb, utility system including, but not limited to, watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Project Landthe Property, except for damage caused by the City, its employees, agents or contractors in connection with City’s construction of the Petition Items or its willful misconduct or gross negligence. Project Land Owner Developer further agrees to pay all costs required to repair the streets and/or utility systems on or immediately adjacent to the Property damaged or unreasonably cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Project Land the Property by Project Land OwnerDeveloper, its agents, employees, and contractors. In the event Project Land Owner Developer fails to maintain or repair the damaged public property referred to aforesaid, the City shall provide written notice of such failure to Project Land Owner and Owner Developer and, if such failure is not cured within thirty (30) days thereafterthereafter (or such longer period as is reasonable if the condition to be corrected cannot be physically corrected within the thirty (30)-day period and Developer is diligently pursuing a cure), Project Land Owner Developer hereby agrees that City may undertake making or causing said damage or clutter to be repaired or cleaned. When City undertakes such repair, Project Land Owner Developer shall reimburse City for all of its reasonable actual expenses within thirty (30) days of its billing to Project Land OwnerDeveloper. If Project Land Owner Xxxxxxxxx fails to pay said bill within thirty (30) days of being billed, the Surety shall be responsible for reimbursing City may draw funds from the Project Land Suretytherefor.

MAINTAIN PUBLIC PROPERTY DAMAGED OR CLUTTERED DURING CONSTRUCTION. Project Land Owner Developer agrees to assume full financial responsibility for any damage or repairs which may occur to public property including, including but not limited to, to streets, street subbasesub-base, base, bituminous surface, curb, utility system including, including but not limited to, to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the construction activity which takes place during the development of Project LandSaid Plat, except for damage caused by including the City, its employees, agents or contractors in connection with City’s initial construction of homes on the Petition Items or its willful misconduct or gross negligencelots. Project Land Owner The Developer further agrees to pay all costs required to repair the streets and/or streets, utility systems and other public property damaged or unreasonably cluttered with debris when occurring as a direct or indirect result of the said construction that takes place in Project Land Said Plat. Developer agrees to clean the streets on a daily basis if required by Project Land Owner, its agents, employees, and contractorsthe Town. In Developer further agrees that any damage to public property occurring as a result of construction activity on Said Plat will be repaired immediately if deemed to be an emergency by the event Project Land Owner Town. Developer further agrees that any damage to public property as a result of construction activity on Said Plat will be repaired within 14 days if not deemed to be an emergency by the Town. If Developer fails to maintain so clean the streets or repair the damaged or maintain said public property referred to aforesaidproperty, the City shall provide written notice of such failure to Project Land Owner and Owner and, if such failure is not cured within thirty (30) days thereafter, Project Land Owner hereby agrees that City Town may immediately undertake making or causing said damage or clutter it to be cleaned up, repaired or cleanedmaintained. When City the Town undertakes such repairactivity, Project Land Owner the Developer shall reimburse City the Town for all of its reasonable actual expenses within thirty (30) days of its billing to Project Land Ownerthe Developer. If Project Land Owner the Developer fails to pay said bill xxxx within thirty (30) days days, then the Town may specially assess such costs against the lots within Said Plat and/or take necessary legal action to recover such costs and the Developer agrees that the Town shall be entitled to attorney’s fees incurred by the Town as a result of being billed, City may draw funds from the Project Land Suretysuch legal action.

MAINTAIN PUBLIC PROPERTY DAMAGED OR CLUTTERED DURING CONSTRUCTION. Project Land Owner Developer agrees to assume full financial responsibility for any damage or repairs which may occur to public property including, including but not limited to, to streets, street subbasesub-base, base, bituminous surface, curb, utility system including, including but not limited to, to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the construction activity which takes place during the development of Project LandSaid Plat, except for damage caused by including the City, its employees, agents or contractors in connection with City’s initial construction of homes on the Petition Items or its willful misconduct or gross negligencelots. Project Land Owner The Developer further agrees to pay all costs required to repair the streets and/or streets, utility systems and other public property damaged or unreasonably cluttered with debris when occurring as a direct or indirect result of the said construction that takes place in Project Land Said Plat. Xxxxxxxxx agrees to clean the streets on a daily basis if required by Project Land Owner, its agents, employees, and contractorsthe Town. In Developer further agrees that any damage to public property occurring as a result of construction activity on Said Plat will be repaired immediately if deemed to be an emergency by the event Project Land Owner Town. Developer further agrees that any damage to public property as a result of construction activity on Said Plat will be repaired within 14 days if not deemed to be an emergency by the Town. If Developer fails to maintain so clean the streets or repair the damaged or maintain said public property referred to aforesaidproperty, the City shall provide written notice of such failure to Project Land Owner and Owner and, if such failure is not cured within thirty (30) days thereafter, Project Land Owner hereby agrees that City Town may immediately undertake making or causing said damage or clutter it to be cleaned up, repaired or cleanedmaintained. When City the Town undertakes such repairactivity, Project Land Owner the Developer shall reimburse City the Town for all of its reasonable actual expenses within thirty (30) 30 days of its billing to Project Land Ownerthe Developer. If Project Land Owner the Developer fails to pay said bill within thirty (30) days 30 days, then the Town may specially assess such costs against the lots within Said Plat and/or take necessary legal action to recover such costs and the Developer agrees that the Town shall be entitled to attorney’s fees incurred by the Town as a result of being billed, City may draw funds from the Project Land Suretysuch legal action.