Common use of Developer's Obligation Clause in Contracts

Developer's Obligation. The Developer shall bear the total cost and expense of all the obligations and duties created by this Contract unless otherwise explicitly stated in this Contract. Those obligations and duties are, generally, to create all Improvements as may be required by the City in accordance with this Contract and with City Requirements. Such Improvements include but are not limited to: i) all Improvements within the Project; ii) all Improvements connecting to water, sewer, or stormwater infrastructure outside the Project, whether existing or planned; iii) modifications to any existing water, sewer, or stormwater infrastructure outside the Project that facilitate provision of utility service to the Project, or compliance with City Requirements, or integration of the Improvements with the surrounding existing or planned water, sewer, or stormwater system; and iv) new streets or alterations to existing streets or rights of way within which the Improvements are located. The Developer's obligations also include all costs, including but not limited to legal costs of acquiring all fees or easements within which the Improvements will be located. Notwithstanding anything to the contrary in this Contract, Developer’s obligation to pay any costs and expenses associated with the construction of the Improvements (including, without limitation, off-site easement acquisition) or to construct the Improvements is effective upon and only in the event of Developer’s receipt of required development approvals, acquisition of the Property, and commencement of construction of the Project in accordance with the development approvals (“Developer’s Obligation Date”).