Common use of Obligations of Developer During Period of Construction Clause in Contracts

Obligations of Developer During Period of Construction. It shall be the obligation of Developer to arrange in advance with the Township Engineer for inspection of the work related to improvements and in accordance with the Inspection Schedule in conjunction with the work progress, and Developer shall pay the cost of such inspection in accordance with Section VII of this agreement. 1. Traffic Diversion, Road Excavation Permits, and Road Closures: Developer agrees to maintain all traffic diversion and control devices in accordance with PA Department of Transportation Publications Nos. 203 and/or 203A. With respect to road openings and excavations, it is the obligation of the Developer to apply for all Road Opening Permits and provide appropriate financial security for the excavation work in the Township right-of-way in accordance with the Township’s Street Excavation Ordinance. In cases where road closure (short term or long term) may be necessary, the PA Second Class Township Code requires proper notification and action by the Board of Supervisors, and it shall be the obligation and responsibility of the Developer to notify the Township in advance in order to permit the Township to initiate formal road closure action prior to the road closure. 2. With respect to any undedicated portion of the internal road system, Developer shall be responsible for all snow removal, street cleaning and similar maintenance. 3. It shall be the obligation of Developer to be responsible for all costs for public fire hydrants and electricity charges and lease payments for street lighting facilities prior to the completion and dedication of any undedicated internal road system, or until the Township may properly assess the Developer and/or property owners for the fire hydrant and street light services in accordance with the Second Class Township Code. It shall be the obligation of Developer to pay for these expenses directly to the respective utility service provider or as may be billed by the Township. 4. Where drainage facilities are designed to be permanently installed on any lot, the Developer shall include said facilities as a covenant running with the land whenever said lot is conveyed out of the Developer’s title. 5. Developer shall, at all times, hold Township and Township Engineer harmless of any claims or suits, which any adjoining or neighboring property owners may bring on account of any conditions occurring on adjacent property, caused or alleged to be caused by conditions arising from the development of Developer’s tract, such conditions including, but not limited to, drainage, stormwater, mud, dirt, or dust. 6. Developer agrees that it will comply fully with all Township Ordinances, Resolutions and Regulations in regard to the inspection of buildings and other improvements during the period of construction, including obtaining the required signatures of the inspectors on the placard(s) issued to the Developer. Developer agrees that it will obtain use and occupancy permits for all dwelling units and non-dwelling units prior to allowing said occupants to assume possession of the same. Developer further agrees that, in the event that Developer fails to comply with the provisions of this Agreement, Township may revoke all building permits previously issued and refuse to issue any additional building or occupancy or other permits and Developer will cease all construction within the Project until the Township requirements are met and that the Township may, additionally, avail itself or any other remedies allowed by law. 7. If Developer conveys individual lots from the plan after approval, or if Developer conveys a part of or the entire tract after approval, the terms of this Agreement shall bind all subsequent Grantees, and Developer hereby agrees to cause all of said terms to be incorporated in any deed of conveyance therefore. If Developer should violate any of the terms hereof at any time, Developer agrees that the Township may enforce the same by injunction proceedings in addition to any other appropriate legal action. 8. Developer shall and does release, indemnify, protect, and save harmless the Township and Township Engineer from all costs and expenses resulting from any and all loss of life or property, or injury or damage to any person or the property of any person, association of persons, or corporation including the parties hereto and their officers, agents and employees from and against any and all claims, demands, or actions for such loss, injury, or damage, in any manner arising out of, resulting from or connected with the conduct of progress of construction or installation or improvements under this Agreement; provided that Developer shall have received from the Township prompt written notice of any such claim, demand, or action after notification to the Township by the injured party. The Township shall permit the Developer to defend any such action and the Township shall cooperate in any such defense at the cost of the Developer.

Obligations of Developer During Period of Construction. a. It shall be the obligation of Developer to arrange in advance with the Township Engineer for inspection of the work related to improvements and in accordance with the Inspection Schedule in conjunction with as the work progressprogresses, and Developer shall pay the cost of such inspection shall be paid by Developer. b. Within five (5) days after each Improvement is completed, Developer, by written notice in accordance with Section VII the provisions hereof, shall ask the Township Engineer to conduct a final inspection of this agreementthe Improvement. The Township Engineer, exercising reasonable judgment, will determine if the Improvement complies with the requirements hereof and with all applicable standards. c. Developer agrees that if any materials used or any work done in the construction of the Improvements or in otherwise implementing the Plans shall be reasonably rejected or disapproved by the Township Engineer as defective or as not in compliance with the provision hereof or with any applicable standards, or if the work is done without prior inspection when prior inspection is required hereunder or is necessary to determine compliance with the Plans, Specifications, applicable regulations, or this Agreement, then, if such action is requested by the Township or Township Engineer, said materials and/or work shall be removed and replaced with other approved materials and/or the work shall be done anew, at the sole cost and expense of Developer and subject to inspection by the Township Engineer to determine compliance. Any work covered without an inspection when an inspection is required hereunder shall be uncovered at Developer's expense to permit the Township Engineer to make the inspection if the Township Engineer requests that such action be taken. Developer agrees that the Township Engineer is authorized to require the removal and replacement of any work and/or materials which are not completed in accordance with this Agreement and all applicable standards. d. All culverts, storm sewers and underdrains, manholes, paving, curbing, setting of monuments and other Improvements are subject to inspection by the Township Engineer. At least five (5) days prior to the commencement of each Improvement, Developer shall notify the Township Engineer. Developer shall also notify the Township Engineer at least two (2) days prior to the date when Developer or its contractor or any subcontractor lays the stone base course for any road or street or any section thereof. Developer shall also notify the Township Engineer at least two (2) days prior to commencing each separate paving operation or Improvement and the Township Engineer shall inspect the materials and workmanship used on each such operation. e. In the event the Township Engineer shall find that the provisions for drainage of the site, as designed by Developer, are inadequate and require revisions, or if the drainage facilities and storm water runoff facilities otherwise prove to be inadequate to protect existing highways, streets and roads or adjoining private or public areas from excess drainage, flooding or silting either because the Plans are inadequate or because of an improper method of development, Developer shall install such additional drainage work or make such corrections as are deemed necessary by Township Engineer. f. It shall be the obligation of Developer to arrange, in advance, with the Township Engineer for inspection of work as the work progresses. Developer agrees that the Township's personnel shall have reasonable access to the Subject Property at all times. g. Developer shall bear the cost of and shall reimburse the Township for the cost of all inspections by the Township Engineer and/or the Township Code Enforcement Officer. h. Developer shall bear the cost and expense of any relocation, removal or reconstruction of Improvements. i. Developer agrees to erect, at its expense, all required street lights, street trees, fire hydrants, if any, shown on the Plans, as amended. j. During the course of construction of the Improvements, Developer will be responsible for proper removal and disposal of all construction debris and waste materials, such as paper, cartons and the like, from the Subject Property and surrounding areas, whether discarded by it or others employed by it or by persons engaged in the delivery of materials to and/or construction within the Subject Property and/or any other activity pursuant to the Plans. Developer agrees to prevent such waste materials from being buried or burned on the site or deposited, thrown or blown, upon any property adjacent to or within the vicinity of the Subject Property. k. Developer agrees to provide dumpsters on the site in the size and number as reasonably required by the Township Engineer and/or the Township Code Enforcement Officer. l. If Developer fails to remove any construction debris or waste materials, including rubbish, cartons and discarded materials, generated by or because of Developer's activities, from the Subject Property or from surrounding areas within 72 hours after Developer received written notice from the Township to do so, or immediately if such debris or materials are causing a traffic hazard or other danger to the public health, safety and welfare, then the Township shall have the right but not the obligation to remove said waste materials and to draw, from the Security Deposit created under Section 4.a(3) hereof, the sums necessary to pay to parties who complete such work or to reimburse the Township for the costs of cleaning up the Subject Property and surrounding areas. The Township's exercise of its rights to remove waste materials pursuant to this paragraph shall not obligate the Township to do so in the future. m. Developer agrees that it will obtain use and occupancy permits or certificates for each building prior to any occupancy. n. Developer agrees to be responsible for work at the site and to: (1. Traffic Diversion) reasonably restrict the noise from workmen; (2) cease all work on the site by 8:00 PM on Monday to Friday and by 5:00 PM on weekends, Road Excavation Permitsexcept in cases of emergency or exceptional cases; and (3) not to begin work prior to 7:00 AM on Monday through Friday and 8:00 AM on weekends, and Road Closures: except in cases of emergency or exceptional cases. o. Developer agrees to commence construction of the Improvements within p. Developer agrees to maintain all traffic diversion and control devices in accordance with PA the latest requirements of the Pennsylvania Department of Transportation Publications Nos. 203 and/or 203A. With respect to road openings and excavations, it is the obligation of the Developer to apply for all Road Opening Permits and provide appropriate financial security for the excavation work in the Township right-of-way in accordance with the Township’s Street Excavation Ordinance. In cases where road closure (short term or long term) may be necessary, the PA Second Class Township Code requires proper notification and action by the Board of Supervisors, and it shall be the obligation and responsibility of the Developer to notify the Township in advance in order to permit the Township to initiate formal road closure action prior to the road closureTransportation. 2. q. With respect to any undedicated portion of the internal road system, Developer shall be responsible for all snow removal, street cleaning and similar maintenance. 3. It The Township has the right but not the obligation, upon providing Developer with advance notice, to plow and/or remove snow or ice on said undedicated roads. All costs incurred by the Township for the removal of said snow and ice shall be paid by the obligation of Developer and upon the Developer’s failure to pay, the Township may use funds held as financial security under the Financial Security Agreement. The Developer shall be responsible for ensuring that all costs for public fire hydrants undedicated drainage facilities and electricity charges storm water management structures are maintained and lease payments for street lighting facilities prior to the completion and dedication of any undedicated internal road system, or until the Township may properly assess the Developer and/or property owners for the fire hydrant and street light services in accordance with the Second Class Township Code. It shall be the obligation of Developer to pay for these expenses directly to the respective utility service provider or as may be billed by the Township. 4operating properly. Where drainage facilities and storm water management structures are designed to be permanently installed on any lot, the Developer shall include said facilities as a covenant covenants running with the land whenever said lot is conveyed out of the Developer’s 's title. r. During the course of construction of the Improvements and the construction of improvements (those not covered by funds which Developer has posted with Township) on the individual residential building lots, Developer is required to establish and maintain temporary erosion and sedimentation controls ("E&S Controls") and stormwater management facilities which are shown on the Plans. Part of the funds which Developer has posted with the Township includes an estimated cost to establish and maintain such E&S Controls and stormwater management facilities. In the event Developer fails to establish or maintain the E&S Controls or stormwater management facilities in accordance with the Plan, the Township shall provide Developer with written notice of violation and a five (5) day period to cure, except in the event of an emergency where a lesser time may be imposed. If Developer shallfails to cure the default within five (5) days, at all timesor such lesser applicable time in the event of an emergency, hold the Township is hereby authorized to establish the necessary E&S Controls and/or stormwater management facilities and use the funds as necessary to pay for the Township Engineer harmless of any claims or suitscosts, which any adjoining or neighboring property owners may bring on account of any conditions occurring on adjacent property, caused or alleged to be caused by conditions arising from the development of Developer’s tract, such conditions including, but not limited to, drainageengineering, stormwater, mud, dirt, or dust. 6legal and actual administrative costs. The Developer agrees that it will comply fully with all Township Ordinances, Resolutions and Regulations in regard shall be required to restore any expended portion of the funds set aside for E&S Controls and/or stormwater management facilities to the inspection of buildings and other improvements during the period of constructionagreed upon amount, including obtaining the required signatures of the inspectors as set forth on the placard(s) issued attached schedule. In the event the Developer fails to cure a violation within the Developer. prescribed time frame or violates any other aspect of this Agreement, the Developer agrees acknowledges that it will obtain use and the Township shall not be required to issue any building or occupancy permits for the entire development and a cease and desist order for all dwelling units and non-dwelling units prior to allowing said occupants to assume possession or a portion of the same. Developer further agrees that, entire development may be issued by the Township in the event discretion of the Township until the violation is cured or the security restored. In instances where the Developer "willfully neglects" to cure the E&S Controls and/or stormwater management facilities default following the expiration of period for cure contained in the notice from the Township, the Township shall have the right to impose a fine of Five Hundred Dollars ($500) per day. For purposes of this paragraph, "willful neglect" shall mean that Developer fails to comply with respond to two (2) or more notices of violation from the provisions Township, not necessarily from the same lot. If Developer disputes that it willfully neglected to install the necessary E&S Controls and/or stormwater management facilities, Developer has the right to contest the imposition of the fine by appealing the same to the Xxxxxxx County Court of Common Pleas. The parties at any time may submit any dispute which arises hereunder to mediation. s. If Developer conveys title to the entire tract depicted on the Plan after execution of this Agreement, Township may revoke all building permits previously issued and refuse to issue any additional building or occupancy or other permits and Developer will cease all construction within the Project until the Township requirements are met and that the Township may, additionally, avail itself or any other remedies allowed by law. 7. If Developer conveys individual lots from the plan after approval, or if Developer conveys a part of or the entire tract after approval, the terms of this Agreement shall bind all subsequent Grantees, and Developer hereby agrees to cause all of said terms to be incorporated in any deed of conveyance thereforetherefor. If Developer should violate any of the terms hereof at any time, Developer agrees that the Township Township, upon ten (10) days prior written notice (with a right to cure by Developer within said ten (10) day period), may enforce the same by injunction proceedings in addition to any other appropriate legal action. 8. Developer shall and does release, indemnify, protect, and save harmless the Township and Township Engineer from all costs and expenses resulting from any and all loss of life or property, or injury or damage to any person or the property of any person, association of persons, or corporation including the parties hereto and their officers, agents and employees from and against any and all claims, demands, or actions for such loss, injury, or damage, in any manner arising out of, resulting from or connected with the conduct of progress of construction or installation or improvements under this Agreement; provided that Developer shall have received from the Township prompt written notice of any such claim, demand, or action after notification to the Township by the injured party. The Township shall permit the Developer to defend any such action and the Township shall cooperate in any such defense at the cost of the Developer.