Common use of DEVELOPERS OBLIGATION TO CONSTRUCT IMPROVEMENTS Clause in Contracts

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 any work under this Agreement. Any such replacement or repair shall be subject to the approval of the City Engineer. F. Until any category of Improvements is accepted by the City, Developer shall be responsible for the care and maintenance of such improvements and shall bear all risks of loss or damage to said improvements. Neither City, nor its officers, agents and employees, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the City. G. Developer shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance or resolution and all taxes required by law. H. Not less than fifteen (15) days prior to commencement of work on the Improvements, Developer shall give written notice to the City Engineer of the date fixed for such commencement of work in order that the City Engineer shall have adequate time to schedule all necessary inspections. Improvements specified in Schedule A, the Developer may request a final inspection by the City Engineer. If the City Engineer determines that all or any specified category of the Improvements have been completed in accordance with this Agreement and in compliance with the Improvement Plans and all applicable City Standards, then he shall certify the completion of such improvements.

DEVELOPERS OBLIGATION TO CONSTRUCT IMPROVEMENTS. A. A) Developer shall, at its sole expense, and in compliance with the provisions of the Development LawsMunicipal Code, Conditions of Approval, the Improvement Plans, and all applicable City standards, and in a good and workmanlike fashion, furnish, complete, construct, install and guarantee (as set forth in Section 3) the Improvements improvements, grading, landscaping, and monumentation generally described in Schedule A attached heretohereto (collectively, the “Improvements”). B. B) To the extent necessary to construct the Improvements, as determined by the City Engineer, the Developer shall acquire and dedicate, or pay the cost of acquisition by City of, all rights-of-way, easements and other interests in real property for the construction or installation of the Improvements, free and clear of all liens and encumbrances. The Developer’s obligations with regard to the acquisition by City of off-site rights-of-way, easements and other interests in real property, if any, shall be subject to a separate agreement between Developer and City. C. 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 the Reference Data; provided, however, that if the City Engineer reasonably determines in good faith 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 development of the surrounding area, the City Engineer shall give Developer not less than 15 days fifteen (15) days’ prior written notice to commence or accelerate installation and construction of the Improvements, or any portion thereof. The notice shall be in writing, and 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 completedcompleted and identify the reasons that such early commencement is essential in order to protect the public health, welfare and safety. All or any portions portion of said Improvements may be required to be constructed or completed at a specified time, providing the foregoing criteria is met. 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 CouncilCouncil whose decision shall be final. 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. D) If the Improvements to be constructed by Developer include monumentation, such monumentation shall be installed not later than thirty (30) days after prior to the City's ’s acceptance of all other Improvements pursuant to Section 2. As used herein, "“monumentation" ” shall mean the setting of survey monuments and tie points, points and the delivery to the City Engineer of tie notes for said points. E. E) Developer shall, at its sole expense, replace or repair all public improvements, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Any such replacement or repair shall be subject to the approval of the City Engineer. F. F) Until any category of Improvements is accepted by the City, Developer shall be responsible for the care and maintenance of such improvements Improvements and shall bear all risks of loss or damage to said improvementsImprovements. Neither City, nor its officers, agents and employees, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the City. G. G) Developer shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance or resolution and all taxes required by law. H. H) Not less than fifteen (15) days prior to commencement of work on the Improvements, Developer shall give written notice to the City Engineer of the date fixed for such commencement of work in order that the City Engineer shall have adequate time to schedule all necessary inspections. I) Developer shall pay City’s cost to form or annex into a community facilities district, Home Owner’s Association, or other approved financing mechanism approved by the Public Works Department to maintain all landscaping, landscape irrigation, park areas including the storm drain detention basin, sound walls, street lights and associated decorative improvements within the public right-of-way. J) Developer acknowledges City of Manteca Standard Drawing ST-1, which has been approved by the City of Manteca City Council. Improvements specified This standard sets forth that prior to issuance of the first building permit, Developer shall install streets within the development in Schedule Aaccordance with the “all weather road” standard, which is detailed in the same City Standard. In addition to the requirements set forth in City Standard Drawing ST-1, prior to issuance of the first building permit and notwithstanding anything else in this Agreement, the Developer shall have installed all street name signs within the development. K) Developer acknowledges City of Manteca Resolution No. R2008-150, which approved the City’s Residential Subdivision Partial Acceptance Policy. This policy sets forth that the Developer is eligible to receive a partial acceptance once all health and safety items within a subdivision final map unit are complete. Under the partial acceptance, Developer may request only receive building permits for a maximum of fifty percent (50%) of the total number of dwellings within a final inspection map unit. Final acceptance of a final map unit must be obtained to pull any building permits within the final fifty percent (50%). Furthermore, the partial acceptance of public improvements shall permit the occupancy of structures that front upon public streets that are included in the partially accepted public improvements. No Certificate of Occupancy will be issued until the partial acceptance has been approved by the City EngineerCouncil. L) Developer acknowledges City of Manteca Resolution No. If R2012-183, which approved the City Engineer determines City’s Policy Relating to Timing of Construction of Park Facilities associated with Residential Development. This policy sets forth that all or any specified category park improvements shall be installed and available to the public prior to the issuance of the Improvements first building permit after building permits have been completed in accordance with this Agreement and in compliance with issued for twenty-five percent (25%) of the total number of lots shown on the individual subdivision’s tentative map. M) Developer acknowledges City of Manteca Resolution No. R2016-235, which approved the City’s Park Acquisition & Improvement Plans and all Fee Update. The Park Acquisition & Improvement Fee Update requires that the Developer pay the applicable City Standards, then he shall certify the completion of such improvementsadopted park fees.

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 ▇▇▇▇▇▇▇▇▇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 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 any work under this Agreement. Any such replacement or repair shall be subject to the approval of the City Engineer. F. Until any category of Improvements is accepted by the City, Developer shall be responsible for the care and maintenance of such improvements and shall bear all risks of loss or damage to said improvements. Neither City, nor its officers, agents and employees, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the City. G. Developer shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance or resolution and all taxes required by law. H. Not less than fifteen (15) days prior to commencement of work on the Improvements, Developer shall give written notice to the City Engineer of the date fixed for such commencement of work in order that the City Engineer shall have adequate time to schedule all necessary inspections. Improvements specified in Schedule A, the Developer may request a final inspection by the City Engineer. If the City Engineer determines that all or any specified category of the Improvements have been completed in accordance with this Agreement and in compliance with the Improvement Plans and all applicable City Standards, then he shall certify the completion of such improvements.