Common use of DEVELOPMENT IMPROVEMENTS Clause in Contracts

DEVELOPMENT IMPROVEMENTS. The Owner/Developer shall, at its own expense, design, furnish, construct, and install the public and private improvements in accordance with the plans and specifications approved by the City. These improvements shall include, but not be limited to, construction of all public/private streets, driveways, parking areas, water lines and mains, sewer lines and mains, drainage facilities, and landscaping within and adjacent to the Property in accordance with the approved Final Plans for the Property and with the requirements of the Land Development Code (“LDC.”) The public improvements must be completed prior to issuance of the first certificate of occupancy for the Property unless specified differently. All finished surfaces including paved Fire Lane and Emergency Access Easements and drainage ▇▇▇▇▇▇ on the Property must be completed prior to issuance of the first certificate of occupancy for the Property in accordance with the approved Final Plans. All remaining aspects of the Final Plans related to each lot shall be constructed prior to the certificate of occupancy for each lot. This shall include, but not be limited to parking lot paving and striping, landscaping, trash enclosures, and related screening, rooftop mechanical screening, and all other requirements of the Final Plans and the LDC. Prior to above grade construction, an all-weather surface approved by the Fire Protection District for the Fire Lane and Emergency Access Easements must be constructed and fire hydrants shall be operational. All public improvements constructed by the Owner/Developer in public rights-of-way, easements, streets or alleys shall become the property of the City immediately upon acceptance of said improvements by the City. The Owner/Developer shall complete the process of placing completed public improvements under warranty promptly upon their completion. Failure to complete the process of placing such improvements under warranty may, in the City’s discretion, result in the withholding or denial of subsequent building permits or certificates of occupancy. The City may request, and the Owner/Developer shall provide at the Owner/Developer’s cost, documentary evidence satisfactory to the City that any public rights-of-way, easements, or other property dedicated, conveyed, acquired, devised, or granted to the City are free and clear of encumbrances which, in the sole opinion of the City, defeat, limit, or impede the City's ability to use the public property as intended. The Owner/Developer acknowledges that no construction may occur and no building permits may be issued until construction documents for all required improvements are submitted and approved by the City Engineer. The Owner/Developer shall coordinate all work with adjacent property owners prior to commencement of work on the adjacent properties. The Owner/Developer shall restore areas disturbed on the adjacent properties to existing or better conditions than prior to disturbance.

DEVELOPMENT IMPROVEMENTS. The Owner/Developer shall, at its own expense, design, furnish, construct, and install the public and private improvements in accordance with the plans and specifications approved by the CityCity of Arvada, Colorado (City Job No. 3399). These improvements shall include, but not be limited to, construction of all public/private streets, alleys, driveways, parking areas, water lines and mains, sewer lines and mainslines, drainage facilities, and landscaping within and adjacent to the Property in accordance with the approved Final Plans for the Property and with the requirements of the Land Development Code (“LDC.”) The public improvements must be completed prior to issuance of the first certificate of occupancy for the Property unless specified differently. All finished surfaces including paved Fire Lane and Emergency Access Easements and drainage ▇▇▇▇▇▇ on the Property must be completed prior to issuance of the first certificate of occupancy for the Property in accordance with the approved Final Plans. All remaining aspects of the Final Plans related to each lot shall be constructed prior to the certificate of occupancy for each lot. This shall include, but not be limited to parking lot paving and striping, landscaping, trash enclosures, and related screening, rooftop mechanical screening, and all other requirements of the Final Plans and the LDC. Prior to above grade construction, an all-weather surface approved by the Fire Protection District for the Fire Lane and Emergency Access Easements must be constructed and fire hydrants shall be operational. All public improvements constructed by the Owner/Developer in public rights-of-way, easements, streets or alleys shall become the property of the City immediately upon acceptance of said improvements by the City and the Owner/Developer as applicable shall warrant said improvements for two years from the date of acceptance by the City. The Owner/Developer shall complete the process of placing completed completed, public improvements under warranty promptly upon their completion. Failure These improvements must be completed, but not necessarily accepted prior to issuance of the first certificate of occupancy within each phase of development for the Property unless specified differently herein and failure to complete the process of placing such improvements under warranty may, in the City’s discretion, result in the withholding or denial of subsequent building permits or certificates certificate of occupancy. The City may request, and the Owner/Developer shall provide at the Owner/Developer’s cost, documentary evidence satisfactory to the City that any public rights-of-way, easements, or other property dedicated, conveyed, acquired, devised, or granted to the City are free and clear of encumbrances which, in the sole opinion of the City, defeat, limit, or impede the City's ability to use the public property as intended. The Owner/Developer acknowledges that no construction may occur and no building permits may be issued until construction documents for all required improvements are submitted and approved by the City Engineer, unless specific approval from the City has otherwise been granted for an early start grading permit. The Should an early start be approved, all work shall be done at the Owner/Developer shall coordinate all work Developer’s risk with adjacent property owners prior no such risk or cost to commencement of work on the adjacent properties. The Owner/Developer shall restore areas disturbed on the adjacent properties to existing or better conditions than prior to disturbanceCity.

DEVELOPMENT IMPROVEMENTS. The Owner/Subject to the terms and provisions of this Agreement (including rights to reimbursement), the Developer shall, at its own expense, design, furnish, construct, and install the public and private improvements Project Improvements in accordance with the plans Final Plans and specifications approved by the CityRidge Road Improvements subject to the terms of Section 9. These improvements The Project Improvements shall include, but not be limited to, construction of all public/private public streets, driveways, parking areas, water lines and mains, sewer lines and mainslines, drainage facilities, and landscaping within and adjacent to the Property in accordance with the approved Final Plans for the Property and with the requirements of the Land Development Code (“LDC.”) The public improvements must be completed prior to issuance of the first certificate of occupancy for the Property unless specified differentlyCode. All finished surfaces including paved Fire Lane and Emergency Access Easements and drainage ▇▇▇▇▇▇ on the Property must be completed prior to issuance of the first certificate of occupancy for the Property in accordance with the approved Final Plans. All remaining aspects of the Final Plans related to each lot shall be constructed prior to the certificate of occupancy for each lot. This shall include, but not be limited to parking lot paving and striping, landscaping, trash enclosures, and related screening, rooftop mechanical screening, and all other requirements of the Final Plans and the LDC. Prior to above grade construction, an all-weather surface approved by the Fire Protection District for the Fire Lane and Emergency Access Easements must be constructed and fire hydrants shall be operational. All public improvements Public Improvements constructed by the Owner/Developer in public rights-of-way, easements, streets or alleys shall become the property of the City immediately upon acceptance of said improvements Public Improvements by the City and the Developer shall warrant said Public Improvements for two (2) years from the date of acceptance by the City. The Owner/Developer shall complete the process of placing completed public improvements Public Improvements under warranty promptly upon their completioncompletion and the City shall accept the Public Improvements in accordance with then-applicable acceptance procedures. Failure to complete the process of placing such improvements the completed Public Improvements under warranty may, in the City’s reasonable discretion, result in the withholding or denial of subsequent building permits or certificates certificate of occupancy; provided however, the City shall provide Developer with prior written notice of breach and opportunity to cure any such breach as more specifically set forth in Section 39 below. The City may request, and the Owner/Developer shall provide at the Owner/Developer’s cost, documentary evidence reasonably satisfactory to the City that any public rights-of-of- way, easements, or other property dedicated, conveyed, acquired, devised, or granted to the City by Developer are free and clear of encumbrances whichmechanic’s liens caused by Developer. The City will approve the Private Improvements and accept the Public Improvements in Phases pursuant to the Phasing Plan and its applicable established practices. Pursuant to the requirements of Section 78.298(b)(1), Developer shall before commencing construction of the Public Improvements, deposit a letter of credit in the sole opinion amount of $100,000 (“ROW Letter of Credit”) to secure construction of the CityPublic Improvements. Upon expiration of the performance warranty of the Public Improvements and within ten (10) days after ▇▇▇▇▇▇▇▇▇’s request, defeat, limit, or impede the City's ability to use the public property as intended. The Owner/Developer acknowledges that no construction may occur and no building permits may be issued until construction documents for all required improvements are submitted and approved by the City Engineer. The Owner/shall return the ROW Letter of Credit to Developer shall coordinate all work with adjacent property owners prior or provide documentation satisfactory to commencement the issuer of work on said ROW Letter of Credit to effectuate the adjacent properties. The Owner/Developer shall restore areas disturbed on the adjacent properties to existing or better conditions than prior to disturbancetermination of said ROW Letter of Credit.