Design and Construction of Public Improvements Clause Samples

Design and Construction of Public Improvements. Developer shall cause all of the Public Improvements to be designed and constructed as follows:‌ A. The Public Improvements shall be constructed in accordance with all Legal Requirements and all additional requirements that the City shall impose pursuant to the City’s Code of Ordinances and all applicable regulations and policies. B. The Public Improvements shall be funded by Developer and designed and constructed by or at the direction of Developer. The Parties agree that the escrow arrangements in Article 3 do not apply to the Public Improvements and apply only to the Off-Site Sewer Improvements. C. The Sewer Improvements shall be funded by Developer in accordance with the escrow requirement of Article 3 and constructed by or at the direction of the City. D. The parties agree that the costs associated with relocating any existing utilities from any existing public or private easement or from any existing right-of-way, as a result of construction of the Public Improvements, shall be paid by Developer and are not the responsibility of City. The parties agree that all costs associated with relocating any existing utilities from any existing right-of-way as a result of construction of the Public Improvements, which are not paid by a utility company, shall be paid by Developer and are not the responsibility of City.
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Design and Construction of Public Improvements. (i) City hereby grants to Developer a license to use those plans and specifications for the Public Improvements (the “Public Improvements City Plans”) which have been prepared for, and are owned by, the City (the “Public Improvements City Plans License”). Under the Public Improvements City Plans License, Developer will have the right to use the Public Improvements City Plans to construct the Public Improvements. (ii) Contemporaneously with ▇▇▇▇▇▇▇▇▇’s design of the Improvements, Developer shall use the Public Improvements City Plans to complete the design of the Public Improvements. The completion of the design of the Public Improvements shall be subject to the prior written approval of the City both in its regulatory capacity and its landowner capacity. Each request for approval under this paragraph relating to the City’s landowner capacity will be made in the same manner a design approval request is made under Section 1 of the Declaration (except that the required “plans” shall mean all the construction drawings of the Public Improvements). Developer shall cause the completion of the design of the Public Improvements to comply with all Legal Requirements, this Agreement and the applicable Community Facility Agreement. The design of the 2nd Street extension must be compatible with the City’s design and construction of the connecting bridge across Shoal Creek (the “Shoal Creek Bridge”). (iii) Subject to Force Majeure and City Caused Delays, Developer shall Commence Construction of the Public Improvements at the appropriate time following Commencement of Construction of the adjacent Improvements (i.e., commencement will begin in sufficient time to allow completion according to the following sentence). Following such commencement, Developer shall, subject to Force Majeure and City Caused Delays, diligently and in good faith continue construction of the Public Improvements. Developer shall cause the construction of the Public Improvements to comply with this Agreement, the Other Development Documents and the Legal Requirements. Developer’s obligations under this paragraph will terminate to the extent the Public Improvements City Plans License is terminated by the City. (iv) Subject to Force Majeure and City Caused Delays, the Public Improvements Completion of the 2nd Street extension from the Shoal Creek Bridge to San Antonio Street must be achieved by the earlier to occur of (A) opening of the Shoal Creek Bridge, or (B) issuance of a Certificate of Occupancy...
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Related to Design and Construction of Public Improvements

  • Construction The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.

  • Scope of Work For the 2022/2023 Grant Period, the Provider will maintain a victim services program that will be available to provide direct services to victims of crime who are identified by the Provider or are presented to the Provider, as specified in the Provider’s 2022/2023 Grant Application as approved by the OAG and incorporated herein by reference.

  • Deliverables Upon satisfactory completion of the work authorization, the Engineer shall submit the deliverables as specified in the executed work authorization to the State for review and acceptance.

  • Subcontractors The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The Contractor may contact the OSD at ▇▇▇▇▇▇▇@▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇ for information on certified small business enterprises available for subcontracting opportunities.

  • CONTRACT DOCUMENTS This Contract consists of these Terms and Conditions and the documents ("Exhibits") listed below in descending order of precedence. A conflict in these documents shall be resolved in the priority listed below with these Terms and Conditions taking precedence over all other documents. The Exhibits to this Contract include the following documents: