Common use of Developer Improvements Clause in Contracts

Developer Improvements. Developer shall undertake, at Developer’s own expense, the following improvements, obligations and work on the Property materially consistent with the Final Plans and all applicable laws, regulations and ordinances (collectively, the “Developer Improvements”): (a) Developer shall construct and timely complete the Project. Developer shall commence construction of the Project (commencement is evidenced by commencing the installation of footings for the building(s)) as set forth in the site plan attached as Exhibit D) on or before June 30, 2025 (the “Commencement Date”). Upon such commencement, Developer shall proceed to the fully-satisfy and complete all of the improvements, obligations and work set forth in this Section 3.2 with due diligence and without unreasonable delay or interruption (with the exception of Force Majeure Events (as defined below), if any. On or before December 31, 2026 (the “Completion Date”), the Project shall be completed and all units shall be immediately available for occupancy. (b) Developer shall promptly pay for all applicable City impact fees and charges related to the Project. As additional consideration to Developer for this Agreement, and so long as no Default occurs under this Agreement, the City agrees to defer the due date for the payment of impact fees to on or before thirty (30) calendar days after the earlier of Developer receiving: (i) a certificate of occupancy for all residential units in the Project, or (ii) a certificate of substantial completion from Developer’s architect for the Project. (c) Developer shall be responsible for all landscaping on the Property, including, without limitation, trees, shrubs, seeding or sod related to the Project. (d) Developer shall install, or have installed on the Property, all electric, gas, fiber-optic, telephone and cable services and all improvements for the use and operation of the Project. (e) Developer shall install, or have installed, all sanitary sewer and water laterals on the Property, as well as connections of such laterals to new or existing sewer and water mains. (f) Developer shall install, or have installed, all storm water drainage systems and facilities on the Property, including drain tiles, pipes, detention ponds and retention ponds, consistent with all applicable laws, regulations and specifications for such systems and facilities. (g) Developer shall be responsible for all erosion control measures related to Project and the construction of all improvements on the Property. (h) Developer shall be responsible for all costs related to the work to be performed by Developer under this Agreement, including, but not limited to, all engineering, inspections, materials, labor, water, sanitary sewer, impact fees, permit and license fees and any and all other fees related to the Project. The obligations on Developer under this Agreement shall be deemed covenants running with the land and shall be applicable to Developer’s successors and assigns and all other persons or entities acquiring any interest in the Property during the term of the District.

Developer Improvements. Developer shall undertake, at Developer’s own expense, the following improvements, obligations and work on the Property materially consistent with the Final Plans and all applicable laws, regulations and ordinances (collectively, the “Developer Improvements”): (a) Developer shall construct and timely complete the Project. Developer shall commence construction of the Project (commencement is evidenced by commencing the installation of installing footings for all of the building(s)) as set forth buildings depicted in the site plan attached as Exhibit DB) on or before June 30August 1, 2025 (the “Commencement Date”)2024. Upon such commencement, Developer shall proceed to the fully-satisfy and complete all of the improvements, obligations and work set forth in this Section 3.2 2.2 with due diligence and without unreasonable delay or interruption (with the exception of Force Majeure Events (as defined below)force majeure events, if any, as defined in Section 16.10 below). On or before December 31June 30, 2026 2025 (the “Completion Date”), the Project shall be completed and all units shall be immediately available for occupancy. (b) Developer shall promptly pay for all applicable City impact fees and charges related to the Project. As additional consideration to Developer for this Agreement, and so long as no Default occurs under this Agreement, the City agrees to defer the due date for the payment of impact fees to on or before thirty (30) calendar days after the earlier of Developer receiving: (i) a certificate of occupancy for all residential units in the Project, or (ii) a certificate of substantial completion from Developer’s architect for the Project. (c) Developer shall be responsible for all landscaping on the Property, including, without limitation, trees, shrubs, seeding or sod related to the Project. (d) Developer shall install, or have installed on the Propertyinstalled, all electric, gas, fiber-optic, telephone and cable services and all improvements for the use and operation of the Project. (e) Developer shall install, or have installed, all sanitary sewer and water laterals on the Property, as well as connections of such laterals to new or existing sewer and water mains. (f) Developer shall install, or have installed, all storm water drainage systems and facilities on the Property, including drain tiles, pipes, detention ponds and retention ponds, consistent with all applicable laws, regulations and specifications for such systems and facilities. (g) Developer shall be responsible for all erosion control measures related to Project and the construction of all improvements on the Property. (h) Developer shall be responsible for all costs related to the work to be performed by Developer under this Agreement, including, but not limited to, all applicable engineering, inspections, materials, labor, waterpermit, sanitary sewerimpact, impact fees, permit and license fees and any and all other fees related to the Projectfees. The obligations on Developer under this Agreement shall be deemed covenants running with the land and shall be applicable to Developer’s successors and assigns and all other persons or entities acquiring any interest in the Property during the term of the District.

Developer Improvements. Developer shall undertake, at Developer’s own expense, the following improvements, obligations and work on the Property materially Apartment Parcel consistent with the Final Plans and all applicable laws, regulations and ordinances (collectively, the “Developer Improvements”): (a) Developer shall construct and timely complete the Project. Developer shall commence construction of the Project (commencement is evidenced by commencing the installation of installing footings for the building(s)) “Phase 1” on “Parcel 1” as set forth depicted in the site plan attached as Exhibit D) on or before June 30August 1, 2025 (the “Commencement Date”)2023. Upon such commencement, Developer shall proceed to the fully-satisfy and complete all of the improvements, obligations and work set forth in this Section 3.2 2.2 with due diligence and without unreasonable delay or interruption (with the exception of Force Majeure Events (as defined below)force majeure events, if any, as defined in Section 18.10 below). On or before December 31, 2026 (the “Completion Date”), the Project shall be completed and all each of the (at least) two hundred (200) residential units shall be immediately available for occupancy. Notwithstanding the immediately preceding sentence, if, on the Completion Date, the residential units that are already completed and available for occupancy have never been at least ninety percent (90%) occupied at any time, the Completion Date shall be extended to December 31, 2028, unless otherwise agreed to by the parties in writing. (b) Developer shall promptly pay for all applicable City impact fees and charges related to the Projectfees. As additional consideration to Developer for this Agreement, Agreement and so as long as no Default occurs exists under this Agreement, the City agrees to defer the due date for the payment of impact fees to on or before thirty (30) calendar days after the earlier of Developer receiving: (i) a certificate of occupancy for all residential units in the Project, or (ii) a certificate of substantial completion from Developer’s architect for the Project. (c) Developer shall be responsible for all landscaping on the PropertyApartment Parcel, including, without limitation, including trees, shrubs, seeding or sod related to the Project. (d) Developer shall install, or have installed on the Propertyinstalled, all electric, gas, fiber-optic, telephone and cable services and all improvements for the use and operation of the Project. (e) Developer shall install, or have installed, all sanitary sewer and water laterals on the Property, as well as connections of such laterals to new or existing sewer and water mains. (f) Developer shall install, or have installed, all storm water drainage systems and facilities on the PropertyApartment Parcel, including drain tiles, pipes, detention ponds and retention ponds, consistent with all applicable laws, regulations and specifications for such systems and facilities. (gf) Developer shall be responsible for all erosion control measures related to Project and the construction of all improvements on the PropertyApartment Parcel. (hg) Developer shall be responsible for all costs related to the work to be performed by Developer under this Agreement, including, but not limited to, all engineering, inspections, materials, labor, water, sanitary sewerlabor and permit, impact fees, permit and license fees and any and all other fees related to the Projectfees. The obligations on Developer under this Agreement shall be deemed covenants running with the land and shall be applicable to Developer’s successors and assigns and all other persons or entities acquiring any interest in the Property during the term of the DistrictApartment Parcel.

Developer Improvements. Developer shall undertake, at Developer’s own expense, the following improvements, obligations and work on the Developer Property materially consistent with the Final Plans and all applicable laws, regulations and ordinances (collectively, the “Developer Improvements”):Improvements”):‌ (a) Developer shall construct and timely complete the Project. Developer shall commence construction of the Project (commencement is evidenced by commencing the installation of footings for the building(s)) as set forth in the site plan attached as Exhibit DE) on or before June 30August 1, 2025 (the “Commencement Date”). Upon such commencement, Developer shall proceed to the fully-satisfy and complete all of the improvements, obligations and work set forth in this Section 3.2 with due diligence and without unreasonable delay or interruption (with the exception of Force Majeure Events (as defined below), if any. On or before December 31, 2026 seven hundred eighty (780) calendar days after the Commencement Date (the “Completion Date”), the Project shall be substantially completed and all units shall be immediately available for occupancy. (b) Developer shall promptly pay for all applicable City impact fees and charges related to the Project. As additional consideration to Developer for this Agreement, and so long as no Default occurs under this Agreement, the City agrees to defer the due date for the payment of impact fees to on or before thirty (30) calendar days after the earlier of Developer receiving: (i) a certificate of occupancy for all residential units in the Project, or (ii) a certificate of substantial completion from Developer’s architect for the Project. (c) Developer shall be responsible for all landscaping on the Developer Property, including, without limitation, trees, shrubs, seeding or sod related to the Project, but expressly excluding any and all landscaping that will be located on the City Property. (d) Developer shall install, or have installed on the Developer Property, all electric, gas, fiber-optic, telephone and cable services and all improvements for the use and operation of the Project, but expressly excluding the installation of any such improvements that will be located on, over, under or through the City Property. (e) Developer shall install, or have installed, all sanitary sewer and water laterals on the Developer Property, as well as connections of such laterals to new or existing sewer and water mains. (f) Developer shall install, or have installed, all storm water drainage systems and facilities on the Developer Property, including drain tiles, pipes, detention ponds and retention ponds, consistent with all applicable laws, regulations and specifications for such systems and facilities. (g) Developer shall be responsible for all erosion control measures related to Project and the construction of all improvements on the Developer Property, provided, however, for the purpose of clarity, the foregoing excludes any and all erosion control measures to be performed on the City Property. (h) Developer shall be responsible for all costs related to the work to be performed by Developer under this Agreement, including, but not limited to, all engineering, inspections, materials, labor, water, sanitary sewer, impact fees, permit and license fees and any and all other fees related to the Project. (i) Developer agrees to utilize sustainable building practices whenever practical, including, but not limited to: installation of photovoltaic systems; use of sustainable or recycled building materials; insulation, air sealing, and fenestration in compliance with Wisconsin IECC standards; adequate wiring and conduit for addition of electric vehicle charging stations; and installation of high-efficiency building systems and electric appliances. The City shall cooperate with Developer to leverage available incentives or subsidies wherever (and to the extent) possible. The obligations on Developer under this Agreement shall be deemed covenants running with the land and shall be applicable to Developer’s successors and assigns and all other persons or entities acquiring any interest in the Developer Property during the term of the District.

Developer Improvements. Developer shall undertake, at Developer’s own expense, the following improvements, obligations and work on the Property materially consistent with the Final Plans and all applicable laws, regulations and ordinances (collectively, the “Developer Improvements”): (a) Developer shall construct and timely complete the Project. Developer shall commence construction of the Project (commencement is evidenced by commencing the installation of installing footings for the building(s)) building as set forth depicted in the site plan attached as Exhibit D) on or before June 30March 31, 2025 (the “Commencement Date”)2026. Upon such commencement, Developer shall proceed to the fully-satisfy and complete all of the improvements, obligations and work set forth in this Section 3.2 with due diligence and without unreasonable delay or interruption (with the exception of Force Majeure Events (as defined below)force majeure events, if any, as defined in Section 17.10 below). On or before December 31September 30, 2026 2027 (the “Completion Date”), the Project shall be completed and all units shall be immediately available for occupancy. (b) Developer shall promptly pay for all applicable City impact fees and charges related to the Project. As additional consideration to Developer for this Agreement, and so long as no Default occurs under this Agreement, the City agrees to defer the due date for the payment of impact fees to on or before thirty (30) calendar days after the earlier of Developer receiving: (i) a certificate of occupancy for all residential units in the Project, or (ii) a certificate of substantial completion from Developer’s architect for the Project. (c) Developer shall be responsible for all landscaping on the Property, including, without limitation, trees, shrubs, seeding or sod related to the Project. (d) Developer shall install, or have installed on the Propertyinstalled, all electric, gas, fiber-optic, telephone and cable services and all improvements for the use and operation of the Project. (e) Developer shall install, or have installed, all sanitary sewer and water laterals on the Property, as well as connections of such laterals to new or existing sewer and water mains. (f) Developer shall install, or have installed, all storm water drainage systems and facilities on the Property, including drain tiles, pipes, detention ponds and retention ponds, consistent with all applicable laws, regulations and specifications for such systems and facilities. (g) Developer shall be responsible for all erosion control measures related to Project and the construction of all improvements on the Property. (h) Developer shall be responsible for all costs related to the work to be performed by Developer under this Agreement, including, but not limited to, all applicable engineering, inspections, materials, labor, waterpermit, sanitary sewerimpact, impact fees, permit and license fees and any and all other fees related to the Projectfees. The obligations on Developer under this Agreement shall be deemed covenants running with the land and shall be applicable to Developer’s successors and assigns and all other persons or entities acquiring any interest in the Property during the term of the District.

Developer Improvements. Developer shall undertake, at Developer’s own expense, the following improvements, obligations and work on the Property materially consistent with the Final Plans and all applicable laws, regulations and ordinances (collectively, the “Developer Improvements”): (a) Developer shall construct and timely complete the Project. Developer shall commence construction of the Project (commencement is evidenced by commencing demolition of a portion of the installation of footings for the building(s)) existing building as set forth in the site plan attached as Exhibit DB) on or before June 301, 2025 (the “Commencement Date”)2024. Upon such commencement, Developer shall proceed to the fully-satisfy and complete all of the improvements, obligations and work set forth in this Section 3.2 2.2 with due diligence and without unreasonable delay or interruption (with the exception of Force Majeure Events (as defined below)force majeure events, if any, as defined in Section 16.10 below). On or before December 31, 2026 2024 (the “Completion Date”), the Project shall be completed and all units shall be immediately available for occupancy. (b) Developer shall promptly pay for all applicable City impact fees and charges related to the Project. As additional consideration to Developer for this Agreement, and so long as no Default occurs under this Agreement, the City agrees to defer the due date for the payment of impact fees to on or before thirty (30) calendar days after the earlier of Developer receiving: (i) a certificate of occupancy for all residential units in the Project, or (ii) a certificate of substantial completion from Developer’s architect for the Project. (c) Developer shall be responsible for all landscaping on the Property, including, without limitation, trees, shrubs, seeding or sod related to the Project. (d) Developer shall install, or have installed on the Propertyinstalled, all electric, gas, fiber-optic, telephone and cable services and all improvements for the use and operation of the Project. (e) Developer shall install, or have installed, all sanitary sewer and water laterals on the Property, as well as connections of such laterals to new or existing sewer and water mains. (f) Developer shall install, or have installed, all storm water drainage systems and facilities on the Property, including drain tiles, pipes, detention ponds and retention ponds, consistent with all applicable laws, regulations and specifications for such systems and facilities. (g) Developer shall be responsible for all erosion control measures related to Project and the construction of all improvements on the Property. (h) Developer shall be responsible for all costs related to the work to be performed by Developer under this Agreement, including, but not limited to, all applicable engineering, inspections, materials, labor, waterpermit, sanitary sewerimpact, impact fees, permit and license fees and any and all other fees related to the Projectfees. The obligations on Developer under this Agreement shall be deemed covenants running with the land and shall be applicable to Developer’s successors and assigns and all other persons or entities acquiring any interest in the Property during the term of the District.

Developer Improvements. Developer shall undertake, at Developer’s own expense, the following improvements, obligations and work on the Developer Property materially consistent with the Final Plans and all applicable laws, regulations and ordinances (collectively, the “Developer Improvements”): (a) Developer shall construct and timely complete the Project. Developer shall commence construction of the Project (commencement is evidenced by commencing the installation of footings for the building(s)) as set forth in the site plan attached as Exhibit DE) on or before June 30August 1, 2025 (the “Commencement Date”). Upon such commencement, Developer shall proceed to the fully-satisfy and complete all of the improvements, obligations and work set forth in this Section 3.2 with due diligence and without unreasonable delay or interruption (with the exception of Force Majeure Events (as defined below), if any. On or before December 31, 2026 seven hundred eighty (780) calendar days after the Commencement Date (the “Completion Date”), the Project shall be substantially completed and all units shall be immediately available for occupancy. (b) Developer shall promptly pay for all applicable City impact fees and charges related to the Project. As additional consideration to Developer for this Agreement, and so long as no Default occurs under this Agreement, the City agrees to defer the due date for the payment of impact fees to on or before thirty (30) calendar days after the earlier of Developer receiving: (i) a certificate of occupancy for all residential units in the Project, or (ii) a certificate of substantial completion from Developer’s architect for the Project. (c) Developer shall be responsible for all landscaping on the Developer Property, including, without limitation, trees, shrubs, seeding or sod related to the Project, but expressly excluding any and all landscaping that will be located on the City Property. (d) Developer shall install, or have installed on the Developer Property, all electric, gas, fiber-optic, telephone and cable services and all improvements for the use and operation of the Project, but expressly excluding the installation of any such improvements that will be located on, over, under or through the City Property. (e) Developer shall install, or have installed, all sanitary sewer and water laterals on the Developer Property, as well as connections of such laterals to new or existing sewer and water mains. (f) Developer shall install, or have installed, all storm water drainage systems and facilities on the Developer Property, including drain tiles, pipes, detention ponds and retention ponds, consistent with all applicable laws, regulations and specifications for such systems and facilities. (g) Developer shall be responsible for all erosion control measures related to Project and the construction of all improvements on the Developer Property, provided, however, for the purpose of clarity, the foregoing excludes any and all erosion control measures to be performed on the City Property. (h) Developer shall be responsible for all costs related to the work to be performed by Developer under this Agreement, including, but not limited to, all engineering, inspections, materials, labor, water, sanitary sewer, impact fees, permit and license fees and any and all other fees related to the Project. (i) Developer agrees to utilize sustainable building practices whenever practical, including, but not limited to: installation of photovoltaic systems; use of sustainable or recycled building materials; insulation, air sealing, and fenestration in compliance with Wisconsin IECC standards; adequate wiring and conduit for addition of electric vehicle charging stations; and installation of high-efficiency building systems and electric appliances. The City shall cooperate with Developer to leverage available incentives or subsidies wherever (and to the extent) possible. The obligations on Developer under this Agreement shall be deemed covenants running with the land and shall be applicable to Developer’s successors and assigns and all other persons or entities acquiring any interest in the Developer Property during the term of the District.