Responsibilities of Developer. (a) Owner hereby engages Developer to perform the services in connection with the development and construction of the Project normally and customarily performed by a developer of a commercial real estate project and as further described herein, and Developer hereby accepts such engagement and, subject to the conditions set forth in this Agreement, agrees to provide such services, at Owner's expense. During the term of this Agreement, Developer shall have full authority to construct the Project or cause the Project to be constructed as a senior and assisted living facility, and shall have full and complete control and reign over, and use of, the entire Project, including its common areas. Without limiting the generality of the foregoing, Developer shall, at Owner's expense, have full authority as follows:
Responsibilities of Developer. Developer, without ----------------------------- expense to Landlord, shall perform all work specified of Developer in this Lease. In addition, Developer shall furnish Landlord with semi- annual progress reports demonstrating good faith compliance with the construction requirements of this Lease on or before each semi-annual period commencing with the sixth month anniversary of the date of this Lease, through the occurrence of the completion date of such construction.
Responsibilities of Developer a. Developer must obtain all required permits, licenses and approvals, and must meet all requirements of all local, state, and federal laws and regulations which must be obtained or met in connection with the development and construction of private buildings and businesses. Without limitation to the foregoing, Developer must request and obtain from the City all necessary variances, conditional use permits, or zoning changes. The Parties agree and acknowledge that this Agreement does not constitute review or approval of any permits, approvals, or licenses which may be required by the City.
b. Developer shall devote each such parcel to the uses specified for it in the submitted plan and the Developer shall begin and complete the development of such land for uses required in the plan by February 28December 31, 20253.
c. Developer shall retain the interest it acquires on individual properties transferred to it until it has completed the construction and development of said properties in accord with the provisions of the submitted plan and disposition instruments.
d. Developer shall not sell, lease, or otherwise transfer the interests in the Property, or any part thereof, or transfer or assign any of Developer’s rights or interests under this Agreement without the prior written consent of the City.
e. Developer agrees that no covenant, agreement, lease, conveyance, or other instrument shall be effected or executed by the City or by a Developer (or any successor in interest) whereby the use of the land in the project area is restricted, either by the City or Developer (or any successor in interest) upon the basis of race, creed, color, or national origin in the sale, lease, or occupancy thereof. The foregoing restriction shall be implemented by appropriate covenants or other provisions and disposal instruments as covenants running with the land.
f. Developer, its successor, or assigns shall not discriminate in the use, sale, or lease of any property within the project area or any part thereof, against any person because of race, color, religion, or national origin and such provisions shall be included in disposition instruments as a covenant running with the land.
g. Developer shall ensure that all plans for structures, site improvements, signs (other than directional signs) and landscaping must be approved in writing for conformance with the provisions of the submitted plan by the City of Minot Engineering Department before construction is commenced.
Responsibilities of Developer. Developer shall perform the following services (the “Services”) in connection with the development of the Project:
(a) Perform, or cause to be performed, in a diligent and efficient manner, general administration and supervision of construction of the Project, including but not limited to (i) administration and supervision of the activities of contractor and all other contractors, subcontractors and others employed in connection with the construction of the Project, (ii) periodic inspection of construction in progress, including but not limited to inspection at completion, for defects in construction to assure compliance with the Plans and Specifications, and supervision of correction of any and all defects noted pursuant to such inspection, and (iii) processing and payment of applications for progress payments made by contractor.
(b) Developer shall develop the Real Estate and cause the Project to be constructed in a manner consistent with good workmanship and substantially in accordance with (i) the Plans and Specifications attached hereto as Exhibit C and incorporated by reference herein, (ii) the Budget attached hereto as Exhibit D and incorporated by reference herein, and (iii) all municipal, state and other governmental laws, ordinances and regulations governing the construction of the Project and the use thereof for its intended purposes.
Responsibilities of Developer. As set forth in Book 1, Section 7.4.3 and as more fully described in this section, Developer shall be responsible for the costs of all services and preparation of all documentation for all Project ROW acquisition, easement acquisition, permitting and related relocation assistance for the Project. The Work related to Project ROW acquisition includes mapping, surveying, environmental assessment, testing and remediation, appraisal, appraisal review, negotiation, acquisition, procurement of title insurance, clearing of title, closing of acquisitions, condemnation support including expert witnesses required by TxDOT and/or the Attorney General’s Office for all condemnation proceedings through special commissioner’s hearings. The Developer shall also be responsible for all exhibits, transcripts, and photos associated with condemnation services and proceedings required by the Attorney General’s Office through special commissioner’s hearings through jury trials and appeals, relocation assistance, and clearance/demolition of improvements, as required. Developer and TxDOT acknowledge that Developer has incorporated the value of saleable improvements not retained by the property owner into the Project ROW costs shown in the Financial Model, and that Developer, subject to the property owner’s waiver of the rights to retain, shall concurrently with conveyance of the real property interest to the State of Texas, and without the necessity of further documentation executed by the State, obtain the rights to said saleable improvements. Developer shall not be entitled to a credit for any improvements retained by a property owner. Upon conveyance of the real property interest to the State of Texas, Developer shall comply with all applicable Laws with respect to relocation assistance and demolition. Developer shall also be responsible for the costs of acquisition and documentation for the acquisition of any temporary right or interest in real property not necessary for the Project but that Developer deems advisable to acquire for work space, contractor lay-down areas, material storage areas, borrow sites, or any other convenience of Developer. Except as otherwise authorized by Law for temporary areas necessary for construction of the Project, TxDOT shall not be obligated to exercise its power of eminent domain in connection with Developer's acquisition of any such temporary right or interest, and TxDOT shall have no obligations or responsibilities with respect to the acquisit...
Responsibilities of Developer. All aspects of the development of the Project as a financially feasible project shall be the responsibility of Developer, it being understood that Developer shall only be responsible for the construction and operation of the Project to the extent Developer timely receives all funding, permits and approvals contemplated in the Proposal or this Agreement or otherwise necessary for the Project. Items 3.1(a), (b) and (c) are required for documentation that the Developer is diligently pursuing his obligations to the HA as further detailed in Article 5.
1.1. Specific Developer responsibilities include, without limitation, the following:
(a) Developer shall provide HA on a timely basis with all information with regard to Developer’s activities which HA reasonably requests, and shall submit to HA for its prior approval all significant Project contracts, materials, plans and documents.
(b) Developer shall coordinate, direct and manage the Project development and construction teams identified in the Proposal and any other team members subsequently selected by Developer (which shall be subject to HA’s approval). Developer shall provide HA with contact information for all team members. Note to Housing authorities: LHAs should negotiate with their developer partners the scope of LHA approval rights.
(c) Developer shall apply for, secure, and enter into all necessary Project financing and subsidy arrangements. Developer shall keep HA fully informed of all applications for government assistance and public or private financing with respect to the Project and upon request shall provide HA with copies of formal submissions in addition to the drafts submitted for prior HA approval.
(d) Developer shall obtain hazard and liability insurance reasonably satisfactory to HA, DHCD and all funding sources.
(e) Developer shall use diligent efforts to adhere to the Project Development Schedule attached as Exhibit B.
(f) Developer shall comply with all the Requirements (defined below), and shall obtain all necessary governmental consents and approvals, including, if required, a comprehensive permit pursuant to M.G.L. Ch. 40B or any other zoning permits, a building permit and other municipal, state or federal permits, prior to undertaking any work on the Project.
(g) Developer shall manage and supervise the construction of the Project in a good and first-class workmanlike manner and employing new materials of good quality and in accordance with the terms of the Ground Lease and the XXXX...
Responsibilities of Developer. Developer shall perform the following commitments (the “Commitments”) in connection with the development of the Project: Developer shall ensure the Project Site is zoned properly prior to development; Developer shall construct, reconstruct, and/or restore the Xxxxxxxx Xxxxxx Cabin and related improvements in the manner specified in Exhibit A to the Project Agreement; Developer shall utilize the Grant Funds strictly for construction of the Project;
Responsibilities of Developer. The City's agreement to allow the Funds paid to the Grantee to be subsequently re-loaned by the Grantee to the Developer was specifically conditioned upon the Developer developing the Project. Thus the parties acknowledge that the Developer will be responsible for the various obligations of the Grantee set forth in this Agreement. The Developer has joined in this Agreement for the express purpose of acknowledging such obligation. The Developer also certifies that it does not use coercion for labor or services as defined in section 787.06, Florida Statutes.
Responsibilities of Developer. Developer will, at its own cost and expense, be responsible for the following: Developer will furnish Marketer with ten copies of the Target Product for installation and use in compliance with the license granted in Section 4(a) of the Agreement. Within 30 days of the Effective Date and at least quarterly thereafter upon Marketer's reasonable request, Developer will provide training on, and familiarization with, the Target Product to Marketer personnel and Developer will make its sales representatives available on a reasonable basis for joint marketing visits to the Marketer Sites, any Prospect Sites and any Trade Show Sites. Developer will furnish Marketer with reasonable quantities of those Target Materials prepared by Developer. Upon Marketer's reasonable request, Developer will assist Marketer in the development of proposals to prospective customers. Developer will promptly and in good faith negotiate to achieve a Customer License with any prospective customer identified by Marketer as interested in licensing the Target Product. Developer will maintain the core software technology of the Target Product and will provide such modifications and enhancements thereto as Developer deems appropriate for marketing by Marketer to the Market.
Responsibilities of Developer. All aspects of the development of the Project as a financially feasible project shall be the responsibility of Developer, it being understood that Developer shall only be responsible for the construction and operation of the Project to the extent Developer timely receives all funding, permits and approvals contemplated in the Proposal or this Agreement or otherwise necessary for the Project. Items 3.1(a), (b) and (c) are required for documentation that the Developer is diligently pursuing his obligations to the HA as further detailed in Article 5.
1.1. Specific Developer responsibilities include, without limitation, the following:
(a) Developer shall provide HA on a timely basis with all information with regard to Developer’s activities which HA reasonably requests, and shall submit to HA for its prior approval all significant Project contracts, materials, plans and documents.
(b) Developer shall coordinate, direct and manage the Project development and construction teams identified in the Proposal and any other team members subsequently selected by Developer (which shall be subject to HA’s approval). Developer shall provide HA with contact information for all team members. Note to Housing authorities: LHAs should negotiate with their developer partners the scope of LHA approval rights, and should seek legal advice as to the potential impact of MGL c.
