DEVELOPERS OBLIGATION TO CONSTRUCT IMPROVEMENTS Clause Samples

The "Developers Obligation to Construct Improvements" clause requires the developer to complete certain specified improvements, such as infrastructure, amenities, or facilities, as part of a development project. This obligation typically outlines the types of improvements required, the standards they must meet, and the timeline for their completion. By clearly assigning responsibility for construction, the clause ensures that the necessary enhancements are delivered as promised, thereby protecting the interests of property owners, residents, or other stakeholders who rely on these improvements being made.
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DEVELOPERS OBLIGATION TO CONSTRUCT IMPROVEMENTS. A. Developer shall, at its sole expense, and in compliance with the provisions of the Development Laws, the Improvement Plans, and all applicable City standards, furnish, construct, install and guarantee the Improvements generally described in Schedule A attached hereto. B. Developer shall acquire and dedicate, or pay the cost of acquisition of, all rights-of-way, easements and other in real property for the construction or installation of the Improvements, free and clear of all liens and encumbrances. C. Subject to any time extensions granted in accordance with Section 4, Developer shall commence construction of the Improvements as set forth above in the Development Reference Data following the heading "Commencement of Improvement Work," and shall complete all Improvements within the "Completion Period" specified in said Development Reference Data; provided, however, that if the City Engineer reasonably determines that accelerated construction of the Improvements is essential in order to protect the public health, welfare and safety, including, without limitation, providing for the orderly Development of the surrounding area, the City Engineer shall give Developer not less than 15 days prior written notice to commence or accelerate installation and construction of the Improvements, or any portion thereof. The notice shall describe the work to be done by ▇▇▇▇▇▇▇▇▇, the time within which the work will commence, and the period within which the work will be completed. All or any portions of said Improvements may be required to be constructed or completed at a specified time. If the Developer objects to the commencement or acceleration of the Improvements as specified by the City Engineer, the Developer may appeal the decision of the City Engineer to the City Council. Any such appeal shall be filed with the City Clerk within 10 days after receipt by Developer of the written notice from the City Engineer. D. If the Improvements to be constructed by Developer include monumentation, such monumentation shall be installed not later than thirty (30) days after the City's acceptance of all other Improvements pursuant to Section 2. As used herein, "monumentation" shall mean the setting of survey monuments and tie points, and the delivery to the City Engineer of tie notes for said points. E. Developer shall, at its sole expense, replace or repair all public improvements, public utility facilities, and surveying monuments which are destroyed or damaged as a result of an...
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DEVELOPERS OBLIGATION TO CONSTRUCT IMPROVEMENTS. A. Developer shall, at its sole expense, and in compliance with the provision of Nevada Revised Statutes, the Improvement Plans, and all applicable County standards, furnish, construct, install and guarantee the Improvements generally described in the tentative map, Douglas County Code and the conditions of approval. All improvements shall be completed within twenty-four (24) months of the effective date of the Agreement. In the event an extension is lawfully approved, ▇▇▇▇▇▇▇▇▇ agrees to have the security extended to cover the entire extension period. ▇▇▇▇▇▇▇▇▇ agrees to inform the County in writing of progress of completed improvements an estimated completion dates for remaining improvements on or before the 12th, 18th and 23rd month of the agreement. B. Developer shall acquire and dedicate, or pay the cost of acquisition of, all rights-of- way, easements and other in real property for the construction or installation of the Improvements, free and clear of all liens and encumbrances in a manner acceptable to Douglas County. The Developer’s obligations with regard to the acquisition by County of off-site rights-of-way, easements and other interests in real property may be subject to a separate agreement between Developer and County. C. Subject to any time extensions granted in accordance with Section 4, Developer shall complete all Improvements within twenty-four months of the effective date of the agreement; provided, however, that if the County Engineer reasonably determines that accelerated construction of the Improvements is essential in order to protect the public health, welfare and safety, including, without limitation, providing for the orderly Subdivision of the surrounding area, the County Engineer shall give Developer not less than fifteen (15) calendar days prior written notice to commence or accelerate installation and construction of improvements, or any portion thereof. The notice shall describe the work to be done by the Developer, the time within which the work will commence, and the period within which the work will be completed. All or any portions of said Improvements may be required to be constructed or completed at a specified time. If the Developer objects to the commencement or acceleration of the Improvements as specified by the County Engineer, the Developer may appeal the decision of the County Engineer to the Board of County Commissioners. Any such appeal shall be filed with the County Clerk within ten (10) days after receipt b...
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DEVELOPERS OBLIGATION TO CONSTRUCT IMPROVEMENTS. Subject to all of the other terms and conditions set forth in this Agreement, the Developer shall develop or cause the development of the Improvements in accordance with the Scope of Development, the City’s Municipal Code, and the plans, drawings and documents submitted by the Developer and reasonably approved by the City as set forth herein. The Improvements shall generally consist of the following:
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DEVELOPERS OBLIGATION TO CONSTRUCT IMPROVEMENTS. Following the Closing, the Developer shall develop or cause the development of the Improvements in accordance with the Scope of Development, the City Municipal Code, and the plans, drawings and documents submitted by the Developer and approved by the City as set forth herein. The Developer acknowledges that the requirements set forth in the Scope of Development are material considerations for the participation by the City in this Agreement, and that but for such requirements, the City would not have entered into this Agreement. The identity of the Major Retailer, Mid-Sized Retailers, 50% of the fast casual eateries on the Paseo, one (1) sit-down table service restaurant, and the concept of the Festival Green shall be approved by the Director acting in his/her reasonable discretion. City acknowledges that part of the Project may be constructed by Major Retailer and/or Mid-Sized Retailers, and/or ground lessees following the leasing of such pads to such Major Retailer and/or Mid-Sized Retailers, and the restaurants and other eateries located on the Paseo; provided that Developer shall be responsible for insuring any such construction is in conformity with the Approved RAP. In no event shall the construction of all or any portion of the Project by parties other than Developer relieve Developer of its obligations under this Agreement; provided, however, in the event that (i) a Major Retailer and/or Mid-Sized Retailers, fails to construct the improvements as required under its lease, through no fault of Developer, Developer shall not be in Default hereunder provided that Developer uses diligent efforts to enforce the terms of such Major Retailer Lease(s) and cause such Major Retailer and/or Mid-Sized Retailers, to commence construction of the improvements and diligently prosecute the same to completion, or Developer terminates such Major Retailer Lease(s) and enters into a letter of intent with a replacement Major Retailer and/or Mid-Sized Retailers, approved by the City, within six (6) months after Developer’s receipt of written notice from City, and thereafter enters into a lease with such replacement Major Retailer and/or Mid-Sized Retailers, within twelve (12) months after Developer’s receipt of such written notice from City and the replacement Major Retailer and/or Mid- Sized Retailers, has an obligation in its lease to commence construction within a reasonable period thereafter, and (ii) in the event that a pad tenant fails to construct the improvements a...
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DEVELOPERS OBLIGATION TO CONSTRUCT IMPROVEMENTS. Developer shall: a. Comply with all requirements of the Permit, and any amendments thereto, and with the provisions of the City Laws. b. Complete, at Developer’s own expense but subject to reimbursement as provided in Exhibit B, all the public improvements required by the Permit and this Agreement in conformity with the Improvement Plans and all applicable standard specifications in effect on the date of the City’s approval of the Improvement Plans or date of most recent amendment of the Improvement Plans, if any. c. Furnish all materials necessary to complete the Public Improvements in conformity with the Improvement Plans and all standard specifications in effect on the approval date of the Improvement Plans. d. Acquire and dedicate to the City all rights-of-way, easements, and other interests in real property for the construction and installation of the Public City-Private Developer Agreement (SJMC Title 14) 3 (Rev. 02/15/2012) T-1562\217903_2 Improvements, or pay the cost of acquisition incurred by the City. All real property interests dedicated by the Developer to the City shall be free and clear of liens and encumbrances at the time of dedication. Developer shall remove all liens and encumbrances at its sole expense prior to dedication to the City and warrant such clear title at Developer’s sole expense. The Permit shall set forth the Developer’s obligations with regard to any acquisition by City of off-site interests in real property. Developer shall also be responsible for obtaining any public or private utility easements or authorization to accommodate the Project. e. Commence construction of the Public Improvements by the time established in Section 24 of this Agreement and complete the Public Improvements within twelve (12) months following the date of this Agreement or as specified in any time extension granted by the City pursuant to Section 25 herein. The Public Improvements are deemed completed when the City Engineer accepts them as provided in Section 17 herein by recordation of a Notice of Acceptance. f. Install all Project public monuments required by law prior to recordation of the Notice of Acceptance. g. Comply with all of the requirements in the special provisions attached hereto and incorporated herein by reference as Exhibit “B.”
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DEVELOPERS OBLIGATION TO CONSTRUCT IMPROVEMENTS 
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Related to DEVELOPERS OBLIGATION TO CONSTRUCT IMPROVEMENTS

  • BUILDER’S RISK FOR CONSTRUCTION RENOVATION PROJECTS If the project is CONSTRUCTION RENOVATION of an existing structure, and the State has already determined that Contractor will not be obligated to obtain and maintain Builder’s Risk insurance, then the following provisions apply: (1) The State will maintain property insurance upon the construction site and will not require Contractor to purchase and maintain Builder's Risk Insurance upon the entire work at the site. (2) The decision of the State to waive the requirement that the Contractor maintain builder’s risk coverage does not waive Contractor’s liability for damage to the State’s real and personal property. Contractor’s liability for loss to the State’s real and personal property will be limited to the first $100,000 of each and every property loss at the work site provided such loss is covered under the State’s property insurance coverage. If the Contractor elects to meet this obligation by purchase of commercial insurance, this insurance shall name the Contractor and the State of Vermont as Named Insureds and shall include the interests of the Contractor and Subcontractors. Other parties shall be insured as the State may reasonably require. (3) Contractor shall effect and maintain insurance on portions of the work stored off-site, on site and in transit. Boiler & Machinery Insurance may be used in conjunction with this coverage if it is required to meet the testing requirement. The cost of any deductible applicable to loss covered by insurance provided hereunder shall be borne by the Contractor. (4) Except as provided for in 11.2.2 (1)-(3) above the State and Contractor waive all rights against each other and the Subcontractor, Sub-subcontractors, agents and employees of the other.

  • BUILDER’S RISK FOR NEW CONSTRUCTION PROJECTS If the project is NEW CONSTRUCTION, then the following provisions apply: (1) The State will require Contractor to purchase and maintain Builder's Risk Insurance. The Contractor shall name the Contractor and the State of Vermont as their interest may occur. Other parties shall be insured as the State may reasonably require. (2) Contractor shall effect and maintain insurance on portions of the work stored off-site, on site and in transit. Boiler & Machinery Insurance may be used in conjunction with this coverage if it is required to meet the testing requirement. (3) Any deductible applicable to loss covered by insurance provided hereunder shall be borne by the Contractor. (4) Except as provided for in (1) above the State and Contractor waive all rights against each other and the Subcontractor, Sub-subcontractors, agents and employees of the other.

  • Commencement and Completion of Construction Subject to Unavoidable Delays, Developer shall cause construction of the Minimum Improvements to be undertaken and completed: (i) by no later than June 1, 2020; or (ii) by such other date as the parties shall mutually agree upon in writing. Time lost as a result of Unavoidable Delays shall be added to extend this date by a number of days equal to the number of days lost as a result of Unavoidable Delays. All work with respect to the Minimum Improvements shall be in conformity with the Construction Plans approved by the building official or any amendments thereto as may be approved by the building official. Developer agrees that it shall permit designated representatives of the City, upon reasonable notice (which does not have to be written), to enter upon the Development Property during the construction of the Minimum Improvements to inspect such construction and the progress thereof.