Common use of Winter Road Maintenance Clause in Contracts

Winter Road Maintenance. The Developer agrees and acknowledges that the Township may, but shall not be obliged to, provide winter maintenance of the roads and streets which have not yet been fully granted Final Acceptance by the Township. If the Township does provide winter maintenance prior to Final Acceptance, where there is less than seventy-five percent (75%) occupancy by new homeowners of the residential units in this subdivision phase(s), the Developer will pay the costs of winter maintenance, and if greater than seventy-five percent (75%) occupancy, the Township will assume the burden of costs of winter maintenance. The Developer also agrees that with respect to such streets and roads, all manholes, valves, catchbasins and other obstructions shall be installed at grades so as to permit the Township proper vehicular access for said winter maintenance works. It is agreed that any maintenance performed by the Township pursuant to this section shall be deemed to have been performed by the Township as agents of the Developer and no action on the part of the Township pursuant to this paragraph shall constitute an assumption by the Township of said roads and streets. Any road maintenance provided by the Township prior to Final Acceptance will be at the Developer’s expense except as otherwise provided for in this Agreement.

Winter Road Maintenance. The Developer agrees and acknowledges that the Township may, but shall not be obliged to, provide winter maintenance of the roads and streets which have not yet been fully granted Final Acceptance by the Township. If the Township does provide winter maintenance prior to Final Acceptance, where there is less than seventy-five percent (75%) occupancy by new homeowners of the residential units in this subdivision phase(s), the Developer will pay the costs of winter maintenance, and if greater than seventy-five percent (75%) occupancy, the Township will assume the burden of costs of winter maintenance. The Developer also agrees that with respect to such streets and roads, all manholes, valves, catchbasins and other obstructions shall be installed at grades so as to permit the Township proper vehicular access for said winter maintenance works. It is agreed that any maintenance performed by the Township pursuant to this section shall be deemed to have been performed by the Township as agents of the Developer and no action on the part of the Township pursuant to this paragraph shall constitute an assumption by the Township of said roads and streets. Any road maintenance provided by the Township prior to Final Acceptance will be at the Developer’s expense and risk except as otherwise provided for in this Agreement.