Township Covenants Clause Samples
Township Covenants. The Township covenants and agrees that:
a. The Township agrees to reasonably and lawfully assist Developer in the implementation of the Project. The Township agrees that it will use its best efforts, but in all cases without any expense to the Township, to provide non-privileged and non- confidential information in its possession to Developer when such information is needed by the Developer to obtain necessary Approvals, including, but not limited to executing applications for permits necessary for the Redevelopment Project. To the extent permitted under applicable law, the Township agrees to reasonably support any applications of Developer that are in accordance with this Agreement.
b. The Township agrees to schedule reasonably expedited Township meetings for action on the Developer’s applications for the Project upon timely written notice from Developer to Township of the necessity of such meetings.
c. The Township shall not take any action intended to delay or prevent Developer from implementing the Project in accordance with the Redevelopment Plan, as amended, the Zoning Ordinance, the Redevelopment Law, and this Redevelopment Agreement.
d. The Township has reasonable assurances that sufficient public sewer and water capacity is available from the Evesham Municipal Utilities Authority (EMUA) as of the Effective Date of this Agreement to serve the Project and that the EMUA will make such capacity available to Developer upon timely application for such services. The Township agrees to reasonably notify Developer if it becomes aware of other applications received by the EMUA for use of available public sewer and water capacity which precede Developer’s application.
Township Covenants. Upon the execution of this Agreement, Township covenants as follows:
A. To, or cause the Township to, maintain its Facilities in good repair and operating condition and to continuously operate the same.
B. Immediately after any loss or damage to any Facility owned by it, or any part thereof, to commence and duly prosecute the repair, replacement or reconstruction of the damaged or destroyed portion thereof, all according to the plans and specifications therefor prepared by the Consulting Engineers.
C. To cause to be enacted and to be kept in force and enforced an ordinance compelling all possessors of properties which discharge directly or indirectly into the Treatment Plant to permit the entries and inspections by the Borough or the Consulting Engineer hereof and imposing a meaningful penalty for the interference with any entry and inspection at all reasonable times. Notwithstanding Section 9.10 below, this Section 7.03.C may not be assigned by the Township and shall remain in force following any such assignment.
D. To enact Rules and Regulations using, as a minimum, the standards of Section 6 to 7.02 hereof.
E. To annually review their sewer rate impositions for compliance with user change guidelines and regulations established by the EPA, to revise said rates from time to time to conform with such guidelines and regulations and to maintain such records as will document compliance therewith; provided however, that in the event the Township assigns this Agreement to a public utility company, such assignee and the rates it can charge will be subject to oversight and regulation by the Pennsylvania Public Utility Commission, which the Borough acknowledges can limit or restrict such public utility company’s ability to revise or increase rates.
Township Covenants. The Township hereby covenants and agrees that:
(a) The Township shall fully cooperate with the Redeveloper to ensure that all Governmental Approvals are obtained for the Project. Furthermore, the Township agrees to support any applications for Governmental Approvals that are consistent with the terms of the Redevelopment Plan and this Agreement, and to execute and deliver any documents required to obtain such approvals and otherwise to cooperate with the Redeveloper with respect to the Governmental Approvals; provided that nothing contained in this Section 3.06(a) shall be deemed: (i) to constitute an approval of all or any portion of the Project for which applications have been submitted or are required or (ii) a waiver of the ability of any Governmental Authority, to exercise its statutorily authorized responsibilities with respect to such applications or Governmental Approvals. Without limiting the generality of the foregoing, the Township shall (A) assuming Redeveloper has properly filed its application and posted all application and escrow fees, request that all agencies of the Township having jurisdiction over any of the Governmental Approvals act in good faith and with continuity of purpose to expedite the processing of all applications for Governmental Approvals, (B) schedule, convene and conclude all required public hearings in an expeditious manner consistent with Applicable Laws, and (C) cause all of the planners, engineers and other consultants engaged by the Township to review and comment on all submittals by Redeveloper in an expeditious manner and request that all planners, engineers and other consultants engaged by the Township or any of its agencies review and comment on all submittals by Redeveloper in an expeditious manner.
(b) The Township shall undertake and complete, with due diligence, all of its obligations under this Agreement.
(c) The Township shall not amend or cause the amendment of the Redevelopment Plan in a manner that materially, adversely affects Redeveloper or the Project during the term of this Agreement without the prior written consent of the Redeveloper.
(d) The Township shall not exercise its power of eminent domain to condemn the Property during the term of this Agreement.
(e) The Redeveloper has been designated as the exclusive redeveloper of the Property and shall have the exclusive right and obligation to redevelop the Property and implement the Project in accordance with the terms and conditions of this Agreement...
Township Covenants. The Township shall continue to provide all Township Services described in Section 1 hereof within the District.
Township Covenants. The Township hereby covenants and agrees that:
(a) The Township shall undertake and complete, with due diligence, all of its obligations under this Redevelopment Agreement.
(b) The Redeveloper has been designated as the exclusive redeveloper of the Property and shall have the exclusive right and obligation to redevelop the Property and implement the Project in accordance with the terms and conditions of this Redevelopment Agreement.