Common use of SUBDIVIDERS OBLIGATION TO CONSTRUCT IMPROVEMENTS Clause in Contracts

SUBDIVIDERS OBLIGATION TO CONSTRUCT IMPROVEMENTS. A. SUBDIVIDER shall, at its sole expense, and in compliance with the provisions of the Subdivision Laws, the Improvement Plans, and all applicable City standards, furnish, construct, install and guarantee the Improvements generally described in Schedule A attached hereto and more specifically described in the tentative map and in the Planning Commission's Resolution of Approval relating hereto. B. SUBDIVIDER shall acquire and dedicate, or pay the cost of acquisition of, all rights-of-way, easements and other in real property for the construction or installation of the Improvements, free and clear of all liens and encumbrances. The SUBDIVIDER's obligations with regard to the acquisition by City of off-site rights-of-way, easements and other interests in real property shall be subject to a separate agreement between SUBDIVIDER and City. C. Subject to any time extensions granted in accordance with Section 4, SUBDIVIDER shall commence construction of the Improvements as set forth above in the Subdivision Reference Data following the heading "Commencement of Improvement Work," and shall complete all Improvements within the "Completion Period" specified in said Subdivision Reference Data; provided, however, that if the City Engineer reasonably determines that accelerated construction of the Improvements is essential in order to protect the public health, welfare and safety, including, without limitation, providing for the orderly Subdivision of the surrounding area, the City Engineer shall give SUBDIVIDER not less than 15 days prior written notice to commence or accelerate installation and construction of the Improvements, or any portion thereof. The notice shall describe the work to be done by SUBDIVIDER, the time within which the work will commence, and the period within which the work will be completed. All or any portions of said Improvements may be required to be constructed or completed at a specified time. If the SUBDIVIDER objects to the commencement or acceleration of the Improvements as specified by the City Engineer, the SUBDIVIDER may appeal the decision of the City Engineer to the City Council. Any such appeal shall be filed with the City Clerk within 10 days after receipt by SUBDIVIDER of the written notice from the City Engineer. D. If the Improvements to be constructed by SUBDIVIDER include monumentation, such monumentation shall be installed not later than thirty (30) days after the City's acceptance of all other Improvements pursuant to Section 2. As used herein, "monumentation" shall mean the setting of survey monuments and tie points in accordance with the Subdivision Laws, and the delivery to the City Engineer of tie notes for said points. E. SUBDIVIDER shall, at its sole expense, replace or repair all public improvements, public utility facilities, and surveying or Subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Any such replacement or repair shall be subject to the approval of the City Engineer. F. Until any category of Improvements is accepted by the City, SUBDIVIDER shall be responsible for the care and maintenance of such improvements and shall bear all risks of loss or damage to said improvements. Neither City, nor its officers, agents and employees, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the City. G. SUBDIVIDER shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance or resolution and all taxes required by law. H. Not less than fifteen (15) days prior to commencement of work on the Improvements, SUBDIVIDER shall give written notice to the City Engineer of the date fixed for such commencement of work in order that the City Engineer shall have adequate time to schedule all necessary inspections.

SUBDIVIDERS OBLIGATION TO CONSTRUCT IMPROVEMENTS. A. SUBDIVIDER shall, at its sole expense: (a) Comply with all the requirements of the Resolution of Approval, and in compliance any amendments thereto, and with the provisions of the Subdivision Laws. (b) Complete at SUBDIVIDER's own expense, all the public improvement work required by the Resolution of Approval in conformance with approved Improvement Plans within one year from date of execution of this Agreement; provided however, that the improvements shall not be deemed to be completed until accepted by City Council as provided in Section (17) herein. (c) Furnish the necessary materials for completion of the public improvements in conformity with the Improvement Plans, and all applicable City standards, furnish, construct, install and guarantee the Improvements generally described in Schedule A attached hereto and more specifically described in the tentative map and in the Planning Commission's Resolution of Approval relating hereto. B. SUBDIVIDER shall acquire and dedicate(d) Acquire, or pay the cost of acquisition ofby CITY, and dedicate all rights-rights- of-way, easements and other interests in real property for the construction or and installation of the Improvementspublic improvements, free and clear of all liens and encumbrances. The SUBDIVIDER's obligations with regard to the acquisition by City CITY of off-site rights-of-way, easements and other interests in real property shall be subject to a separate agreement between SUBDIVIDER and CityCITY. SUBDIVIDER shall also be responsible for obtaining any public or private sanitary sewer, domestic water, drainage, and/or utility easements or authorization to accommodate the SUBDIVISION. C. Subject to any time extensions granted in accordance with Section 4, SUBDIVIDER shall commence (e) Commence construction of the Improvements improvements by the time established in Section (22) of this Agreement and complete the improvements by the deadline stated in Section (1)(b) above, unless a time extension is granted by the CITY as set forth above authorized in the Subdivision Reference Data following the heading "Commencement of Improvement Work," Section (22). (f) Install all SUBDIVISION public improvement monuments required by law and shall complete all Improvements within the "Completion Period" specified in said Subdivision Reference Data; provided, however, that if the City Engineer reasonably determines that accelerated construction prior to formal final acceptance of the Improvements is essential in order to protect the public health, welfare and safety, including, without limitation, providing for the orderly Subdivision of the surrounding area, the City Engineer shall give SUBDIVIDER not less than 15 days prior written notice to commence or accelerate installation and construction of the Improvements, or any portion thereofimprovements by CITY. The notice shall describe the work to be done by SUBDIVIDER, the time within which the work will commence, and the period within which the work will be completed. All or any portions of said Improvements may be required to be constructed or completed at a specified time. If the SUBDIVIDER objects to the commencement or acceleration of the Improvements as specified by the City Engineer, the SUBDIVIDER may appeal the decision of the City Engineer to the City Council. Any such appeal shall be filed with the City Clerk within 10 days after receipt by SUBDIVIDER of the written notice from the City Engineer. D. If the Improvements to be constructed by SUBDIVIDER include monumentation, such monumentation Individual property monuments shall be installed not later than thirty within one year of said acceptance. (30g) days after the City's Install street name signs conforming to CITY standards. Permanent street name signs shall be installed before acceptance of all other Improvements pursuant to Section 2. As used herein, "monumentation" shall mean the setting of survey monuments and tie points in accordance with the Subdivision Laws, and the delivery to the City Engineer of tie notes for said pointsimprovements by CITY. E. SUBDIVIDER shall, at its sole expense, replace or repair all public improvements, public utility facilities, and surveying or Subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Any such replacement or repair shall be subject to the approval of the City Engineer. F. Until any category of Improvements is accepted by the City, SUBDIVIDER shall be responsible for the care and maintenance of such improvements and shall bear all risks of loss or damage to said improvements. Neither City, nor its officers, agents and employees, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the City. G. SUBDIVIDER shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance or resolution and all taxes required by law. H. Not less than fifteen (15) days prior to commencement of work on the Improvements, SUBDIVIDER shall give written notice to the City Engineer of the date fixed for such commencement of work in order that the City Engineer shall have adequate time to schedule all necessary inspections.

SUBDIVIDERS OBLIGATION TO CONSTRUCT IMPROVEMENTS. A. SUBDIVIDER shall, at its sole expense: a. Comply with all the requirements of the Resolution of Approval, and in compliance any amendments thereto, and with the provisions of the Subdivision Laws. b. Complete at SUBDIVIDER's own expense, all the public improvement work required by the Resolution of Approval in conformance with approved Improvement Plans within one year from date of execution of this Agreement; provided however, that the improvements shall not be deemed to be completed until accepted by City Council as provided in Section (17) herein. c. Furnish the necessary materials for completion of the public improvements in conformity with the Improvement Plans, and all applicable City standards, furnish, construct, install and guarantee the Improvements generally described in Schedule A attached hereto and more specifically described in the tentative map and in the Planning Commission's Resolution of Approval relating hereto. B. SUBDIVIDER shall acquire and dedicated. Acquire, or pay the cost of acquisition ofby CITY, and dedicate all rights-of-way, easements and other interests in real property for the construction or and installation of the Improvementspublic improvements, free and clear of all liens and encumbrances. The SUBDIVIDER's obligations with regard to the acquisition by City CITY of off-site rights-of-of- way, easements and other interests in real property shall be subject to a separate agreement between SUBDIVIDER and CityCITY. SUBDIVIDER shall also be responsible for obtaining any public or private sanitary sewer, domestic water, drainage, and/or utility easements or authorization to accommodate the SUBDIVISION. C. Subject to any time extensions granted in accordance with Section 4, SUBDIVIDER shall commence e. Commence construction of the Improvements improvements by the time established in Section (22) of this Agreement and complete the improvements by the deadline stated in Section (1)(b) above, unless a time extension is granted by the CITY as set forth above authorized in the Subdivision Reference Data following the heading "Commencement of Improvement Work," Section (22). f. Install all SUBDIVISION public improvement monuments required by law and shall complete all Improvements within the "Completion Period" specified in said Subdivision Reference Data; provided, however, that if the City Engineer reasonably determines that accelerated construction prior to formal final acceptance of the Improvements is essential in order to protect the public health, welfare and safety, including, without limitation, providing for the orderly Subdivision of the surrounding area, the City Engineer shall give SUBDIVIDER not less than 15 days prior written notice to commence or accelerate installation and construction of the Improvements, or any portion thereofimprovements by CITY. The notice shall describe the work to be done by SUBDIVIDER, the time within which the work will commence, and the period within which the work will be completed. All or any portions of said Improvements may be required to be constructed or completed at a specified time. If the SUBDIVIDER objects to the commencement or acceleration of the Improvements as specified by the City Engineer, the SUBDIVIDER may appeal the decision of the City Engineer to the City Council. Any such appeal shall be filed with the City Clerk within 10 days after receipt by SUBDIVIDER of the written notice from the City Engineer. D. If the Improvements to be constructed by SUBDIVIDER include monumentation, such monumentation Individual property monuments shall be installed not later than thirty (30) days after the City's within one year of said acceptance. g. Install street name signs conforming to CITY standards. Permanent street name signs shall be installed before acceptance of all other Improvements pursuant to Section 2. As used herein, "monumentation" shall mean the setting of survey monuments and tie points in accordance with the Subdivision Laws, and the delivery to the City Engineer of tie notes for said pointsimprovements by CITY. E. SUBDIVIDER shall, at its sole expense, replace or repair all public improvements, public utility facilities, and surveying or Subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Any such replacement or repair shall be subject to the approval of the City Engineer. F. Until any category of Improvements is accepted by the City, SUBDIVIDER shall be responsible for the care and maintenance of such improvements and shall bear all risks of loss or damage to said improvements. Neither City, nor its officers, agents and employees, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the City. G. SUBDIVIDER shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance or resolution and all taxes required by law. H. Not less than fifteen (15) days prior to commencement of work on the Improvements, SUBDIVIDER shall give written notice to the City Engineer of the date fixed for such commencement of work in order that the City Engineer shall have adequate time to schedule all necessary inspections.

SUBDIVIDERS OBLIGATION TO CONSTRUCT IMPROVEMENTS. A. SUBDIVIDER Subdivider shall, at its sole expense: a. Comply with all requirements of the Approved Tentative Map, and in compliance any amendments thereto, and with the provisions of the Subdivision Laws. b. Complete, at Subdivider’s own expense, all the public improvements required by the Approved Tentative Map in conformance with the Improvement Plans, Plans and all applicable City standards, furnish, construct, install standard specifications in effect on the date of the City’s approval of the Approved Tentative Map (hereinafter “Public Improvements.”) c. Furnish all materials necessary to complete the Public Improvements in conformity with the Improvement Plans and guarantee all applicable standard specifications in effect on the Improvements generally described in Schedule A attached hereto and more specifically described in date of the tentative map and in City’s approval of the Planning Commission's Resolution of Approval relating heretoApproved Tentative Map. B. SUBDIVIDER shall acquire d. Acquire and dedicatededicate to the City all rights-of-way, easements, and other interests in real property for the construction and installation of the Public Improvements, or pay the cost of acquisition of, all rights-of-way, easements and other in incurred by the City. All real property for interests dedicated by the construction or installation of Subdivider to the Improvements, City shall be free and clear of liens and encumbrances at the time of dedication. Subdivider shall remove all liens and encumbrancesencumbrances at its sole expense prior to dedication to the City and warrant such clear title at Subdivider’s sole expense. The SUBDIVIDER's development agreement and/or tentative map for the Subdivision shall set forth the Subdivider’s obligations with regard to the any acquisition by City of off-site rights-of-way, easements and other interests in real property property. Subdivider shall also be subject responsible for obtaining any public or private utility easements or authorization to a separate agreement between SUBDIVIDER and Cityaccommodate the Subdivision. C. Subject to any time extensions granted in accordance with Section 4, SUBDIVIDER shall commence e. Commence construction of the Public Improvements as set forth above by the time established in Section 24 of this Agreement and complete the Subdivision Reference Data Public Improvements within eighteen (18) months following the heading "Commencement date of Improvement Work," and shall complete all Improvements within the "Completion Period" this Agreement or as specified in said Subdivision Reference Data; provided, however, that if any time extension granted by the City Engineer reasonably determines that accelerated construction pursuant to Section 25 herein. The Public Improvements are deemed completed when the City Engineer accepts them as provided in Section 17 herein by recordation of a Notice of Acceptance. For the Improvements is essential in order to protect purposes of this Agreement, the public health, welfare and safety, including, without limitation, providing for the orderly Subdivision phrase “Notice of the surrounding area, Acceptance” by the City Engineer shall give SUBDIVIDER not less than 15 days prior written notice to commence or accelerate installation and construction of the Improvements, or also include any portion thereof. The notice shall describe the work to be done by SUBDIVIDER, the time within which the work will commence, and the period within which the work will be completed. All or any portions of said Improvements may be required to be constructed or completed at a specified time. If the SUBDIVIDER objects to the commencement or acceleration of the Improvements as specified by the City Engineer, the SUBDIVIDER may appeal the decision final map approval determination of the City Engineer Council on appeal pursuant to Government Code section 66458(d) and the City Council. Any such appeal shall be filed with the City Clerk within 10 days after receipt by SUBDIVIDER relevant provisions of Title 19 of the written notice from the City EngineerSan Xxxx Municipal Code. D. If f. Install all subdivision public monuments required by law prior to recordation of the Improvements to be constructed by SUBDIVIDER include monumentation, such monumentation Notice of Acceptance. Subdivider shall be installed not later than thirty (30) days after install all subdivision boundary and individual property monuments within the City's acceptance of all other Improvements pursuant to Section 2. As used herein, "monumentation" shall mean time specified in the setting of survey monuments and tie points in accordance with Engineer’s Statement on the Subdivision Laws, and approved Final Map for the delivery to the City Engineer of tie notes for said pointsSubdivision. E. SUBDIVIDER shall, at its sole expense, replace or repair g. Comply with all public improvements, public utility facilities, and surveying or Subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Any such replacement or repair shall be subject to the approval of the City Engineer. F. Until any category of Improvements is accepted requirements in the special provisions attached hereto and incorporated herein by the City, SUBDIVIDER shall be responsible for the care and maintenance of such improvements and shall bear all risks of loss or damage to said improvements. Neither City, nor its officers, agents and employees, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the City. G. SUBDIVIDER shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance or resolution and all taxes required by law. H. Not less than fifteen (15) days prior to commencement of work on the Improvements, SUBDIVIDER shall give written notice to the City Engineer of the date fixed for such commencement of work in order that the City Engineer shall have adequate time to schedule all necessary inspections.reference as Exhibit “B.”