Common use of Authority of Developer Clause in Contracts

Authority of Developer. Developer shall have the authority and the obligation under this Contract to perform the following services: a. Provide an evaluation of the Town Green Mixed-Use Project, construction schedule, and budget requirements, each in terms of the other; advise the DDA on proposed site use and improvements, selection of materials and building systems and equipment; provide recommendations to the DDA, consistent with the Town Green Mixed-Use Project requirements, on design, constructability, availability of materials and labor, time requirements for procurement, installation and construction; and, advise the DDA on factors related to cost including but not limited to costs of alternative designs or materials, budgets, life-cycle data and possible cost reductions; b. Prepare and provide a schedule of the Town Green Mixed-Use Project and for the construction of the Town Green Buildings (the “Project Schedule”), which shall coordinate and integrate Developer’s services, the construction contractor’s services, the Authority’s responsibilities, ordering and delivery of products and materials, and the Authority’s completion requirements. c. Prepare and provide monthly schedule updates of the Town Green Mixed- Use Project to the DDA; d. Prepare and provide monthly estimate updates as to the construction to the DDA for the costs necessarily incurred in the proper performance of the construction of Town Green Buildings and completion of the Town Green Mixed-Use Project; e. Negotiate all necessary construction contract(s) by and between Developer and any general contractor for the construction of the Town Green Buildings (the “Construction Contract”) to obtain terms satisfactory to Developer in its sole discretion subject to the terms and conditions of this Contract; f. Act on behalf of the DDA in its relations with any governmental agency or authority with respect to all matters relating to the Town Green Mixed-Use Project and construction of the Town Green Buildings; g. Choose the products and materials necessary to equip the Town Green Mixed-Use Project in a manner which satisfies all requirements of this Contract; h. Monitor disbursement and payment of amounts owed to the general contractor pursuant to the terms of the Construction Contract; i. Subject to DDA’s making disbursements of the Loan as required by the Loan Documents, ensure that the Town Green Buildings are constructed free and clear of all mechanics’ and materialmen’s liens; j. In collaboration with the general contractor establish and implement procedures for expediting the processing and approval of shop drawings and samples; k. Secure and obtain all permits, licenses, building code approvals, and certificates of occupancy for the Town Green Buildings; l. Cause the construction of the Town Green Buildings to be completed in accordance with the Construction Loan Agreement and coordinate the work of the general contractor to complete construction of the Town Green Buildings, consistent with good workmanship, and in compliance with the following: i. The approved Conceptual Plans and the approved Project Schedule, as they may be amended in accordance with this Contract or by the written agreement of the Parties; ii. Any and all zoning regulations, county ordinances, including health, fire and safety regulations, and any other requirements of federal, state, and local permits, special use permits licenses, codes, laws, rules, regulations, and ordinances applicable to the design, construction, or use of the Town Green Mixed-Use Project (“Applicable Laws”); iii. the Loan Documents; and iv. the Construction Contracts. m. Administer and supervise the Construction Contract; n. In accordance with generally accepted construction practice, and subject to the obligations of the contractors under the Construction Contracts, Developer will be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the Work and adequacy of the safety measures, in, on, or near the construction site; o. Keep, or cause to be kept, accounts, cost records, and systems as to the design and construction of the Town Green Buildings satisfactory to the DDA, which records shall be preserved for three (3) years after final payment under this Contract or for such longer period as may be required by law, and exercise such controls as may be necessary for proper financial management of the Town Green Mixed-Use Project; p. Maintain, or cause to be maintained, at Developer’s expense, all office and accounting facilities and equipment necessary to adequately perform the accounting and financial responsibilities under this Contract; q. Make available to the DDA at Developer’s office, during normal business hours and upon the DDA’s written request, copies of all material contracts, subcontracts, contracts, and other agreements relating to the Town Green Mixed-Use Project; r. Coordinate delivery of all materials and equipment intended for and necessary to the Town Green Mixed-Use Project and expedite such delivery as reasonably possible; s. Include in the Construction Contracts applicable requirements, if any, that the contractors comply with and provide evidence to Developer of such compliance with O.C.G.A. § 13-10-91 and Georgia D.O.L. Rule 300-10-1.02; t. Obtain the necessary certificates that construction of the Town Green Buildings is substantially complete as required by the Construction Loan Agreement, and cause inspection of the same; u. Provide regular monitoring of the Project Schedule as design and construction progress, identify potential delays, review the schedule for work not started or incomplete, recommend to the DDA adjustments in the Project Schedule if necessary to address anticipated delays, provide monthly summary reports of such monitoring, and document all delays and changes in the Project Schedule; v. Promptly report to the DDA Developer’s decision when requirements of material contracts, subcontracts, contracts, and other agreements relating to the Town Green Mixed-Use Project are not being fulfilled; w. Regularly monitor the approved construction budget and develop cash flow reports and forecasts as needed; x. Show actual costs for activities in process and estimates for uncompleted tasks, identify variances between actual and approved costs and advise the DDA whenever projected costs exceed approved budgets; y. Without additional expense to the DDA, pay all applicable Federal, State and local sales and other taxes associated with the Town Green Mixed-Use Project, including ad valorem taxes and assessments; z. Develop and implement a procedure for the review and processing of applications by the general contractor for progress and final payments; aa. Deliver to the DDA at the completion of the Town Green Mixed-Use Project an as-built survey of the real property and as-built drawings of the Town Green Buildings; and bb. Record the progress of the Town Green Mixed-Use Project and submit monthly written progress reports to the DDA.

Authority of Developer. Developer shall have the authority and the obligation under this Contract Agreement to perform the following services: a. Provide an evaluation of the Town Green Mixed-Use Project, construction schedule, and budget requirements, each in terms of the other; advise the DDA Authority on proposed site use and improvements, selection of materials and building systems and equipment; provide recommendations to the DDAAuthority, consistent with the Town Green Mixed-Use Project requirements, on design, constructability, availability of materials and labor, time requirements for procurement, installation and construction; and, and advise the DDA Authority on factors related to cost including but not limited to costs of alternative designs or materials, budgets, life-cycle data and possible cost reductions; b. Prepare and provide a schedule of the Town Green Mixed-Use Project and for the construction of the Town Green Buildings Cottages (the “Project Schedule”), which shall coordinate and integrate Developer’s services, the construction contractor’s services, the Authority’s responsibilities, ordering and delivery of products and materials, and the Authority’s completion requirements. c. Prepare and provide monthly schedule updates of the Town Green Mixed- Use Project to the DDAAuthority; d. Prepare and provide monthly estimate updates as of the Project to the construction to the DDA Authority for the costs necessarily incurred in the proper performance of the construction of Town Green Buildings and completion the Project (the “Cost of the Town Green Mixed-Use Project;Work”), which Cost of the Work shall be comprised of the costs set forth in the preliminary construction budget attached hereto and incorporated herein as Exhibit D. e. Negotiate all necessary construction contract(s) by and between Developer and any general contractor Red Brick Homes and Developments, Inc. (d.b.a. ▇▇▇▇▇▇ Homes) (“▇▇▇▇▇▇ Homes”) as General Contractor for the construction of the Town Green Buildings Cottages (the “Construction Contract”) to obtain terms satisfactory to Developer in its sole discretion subject to the terms and conditions of this Contract;Agreement. f. Act on behalf of the DDA Authority in its relations with any governmental agency or authority with respect to all matters relating to the Town Green Mixed-Use Project and construction of the Town Green BuildingsCottages; g. Choose the products and materials necessary to equip the Town Green Mixed-Use Project Property in a manner which satisfies all requirements of this ContractAgreement; h. Monitor disbursement and payment of amounts owed to each of ▇▇▇▇▇▇ Homes and the general contractor subcontractors pursuant to the terms of the Construction Contract; i. Subject to DDA’s making disbursements of the Loan as required by the Loan Documents, ensure Ensure that the Town Green Buildings Cottages are constructed such that the Property and all improvements thereon are free and clear of all mechanics’ and materialmen’s liens; j. In collaboration with the general contractor ▇▇▇▇▇▇ Homes establish and implement procedures for expediting the processing and approval of shop drawings and samples; k. Secure and obtain all permits, licenses, building code approvals, and certificates of occupancy for the Town Green BuildingsCottages; l. Cause the construction of the Town Green Buildings Cottages to be completed in accordance with the Construction Loan Agreement a prompt and coordinate the work of the general contractor to complete construction of the Town Green Buildingsexpeditious manner, consistent with good workmanship, and in compliance with the following: i. The approved Conceptual Building Plans and the approved Project Schedule, as they may be amended in accordance with this Contract or by the written agreement of the Partiesparties hereto; ii. Any and all obligations of the Authority under the terms of any financing obligations; iii. Any and all zoning regulations, county ordinances, including health, fire and safety regulations, and any other requirements of federal, state, and local permits, special use permits licenses, codes, laws, rules, regulations, and ordinances applicable to the design, construction, or use of the Town Green Mixed-Use Project (“Applicable Laws”); iii. the Loan Documents; and iv. the Construction Contracts.Contract; m. Administer and supervise the Construction Contract; n. In accordance with generally accepted construction practice, and subject to the obligations of the contractors under the Construction Contracts, Developer will be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the Work and adequacy of the safety measures, in, on, or near the construction site;. o. Keep, or cause to be kept, accounts, cost records, and systems as to the design and construction of the Town Green Buildings Cottages satisfactory to the DDAAuthority, which records shall be preserved for three (3) years after final payment under this Contract Agreement or for such longer period as may be required by law, and exercise such controls as may be necessary for proper financial management of the Town Green Mixed-Use Project; p. Maintain, or cause to be maintained, at Developer’s expense, all office and accounting facilities and equipment necessary to adequately perform the accounting and financial responsibilities under this ContractAgreement; q. Make available to the DDA at Developer’s officeAuthority, during normal business hours and upon the DDAAuthority’s written request, copies of all material contracts, subcontracts, contracts, and other agreements relating to the Town Green Mixed-Use Projectagreements; r. Coordinate Expedite and coordinate delivery of all materials and equipment intended for and necessary to the Town Green Mixed-Use Project and expedite such delivery as reasonably possibleProject; s. Include in the Construction Contracts applicable requirements, if any, that the contractors comply Comply with and provide evidence to Developer the Authority of such compliance with O.C.G.A. § 13-10-91 and Georgia D.O.L. Rule 300-10-1.02; t. Coordinate the work of ▇▇▇▇▇▇ Homes to complete construction of the Cottages in accordance with the Authority’s objectives as to cost, time, and quality; u. Obtain the necessary certificates that construction of the Town Green Buildings Cottages is substantially complete as required by the Construction Loan Agreementcomplete, and cause inspection of the same; u. v. Provide regular monitoring of the Project Schedule as design and construction progress, identify potential delays, review the schedule for work not started or incomplete, recommend to the DDA Authority adjustments in the Project Schedule if necessary to address anticipated delays, provide monthly summary reports of such monitoring, and document all delays and changes in the Project Schedule; v. w. Promptly report recommend courses of action to the DDA Developer’s decision Authority when requirements of material contracts, subcontracts, contracts, and other agreements relating to the Town Green Mixed-Use Project subcontracts are not being fulfilled; w. x. Regularly monitor the approved construction budget and develop cash flow reports and forecasts as needed; x. y. Show actual costs for activities in process and estimates for uncompleted tasks, identify variances between actual and approved costs and advise the DDA Authority whenever projected costs exceed approved budgets; y. z. Develop and implement a system for review and processing of change orders as to the construction of the Project; aa. Without additional expense to the DDAAuthority, pay all applicable Federal, State and local sales and other taxes associated with the Town Green Mixed-Use Project, including ad valorem taxes and assessmentsassessments on the Property during its ownership of the Property; z. bb. Develop and implement a procedure for the review and processing of applications by the general contractor subcontractors for progress and final payments; aacc. Deliver to the DDA Authority at the completion of the Town Green Mixed-Use Project an a dimensioned as-built survey of the real property and as-built drawings of the Town Green BuildingsCottages; and bbdd. Record the progress of the Town Green Mixed-Use Project and submit monthly written progress reports to the DDAAuthority, including the percentage of completion and the purposes, number, and amounts of change orders.