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 (City Job No. 2019-0059). 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 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 LDC. The public and private improvements shall be completed in accordance with the Construction-phasing Plan. 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 Developer shall warrant said 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 under warranty promptly upon completion. These improvements shall be completed in accordance with the Construction-phasing Plan. Failure to place 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 right-of-way, easements, or other real 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 relevant 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.

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 City (City Job NoRidge Road Improvements subject to the terms of Section 9. 2019-0059). These improvements The Project Improvements shall include, but not be limited to, construction of all public/private public 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 LDC. The public and private improvements shall be completed in accordance with the Construction-phasing PlanLand Development Code. 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 improvements 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 completion. These improvements their completion and the City shall be completed accept the Public Improvements in accordance with the Constructionthen-phasing Planapplicable acceptance procedures. Failure to place such improvements complete the process of placing 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 rightrights-of-way, easements, or other real 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. within ten (10) days 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 City, defeat, limit, or impede the City's ability to use the relevant property as intendedPublic Improvements. The Owner/City shall return the ROW Letter of Credit to 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 after expiration of the City Engineer.performance

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 City (City Job NoRidge Road Improvements subject to the terms of Section 9. 2019-0059). These improvements The Project Improvements shall include, but not be limited to, construction of all public/private public 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 LDC. The public and private improvements shall be completed in accordance with the Construction-phasing PlanLand Development Code. 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 improvements 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 completion. These improvements their completion and the City shall be completed accept the Public Improvements in accordance with the Constructionthen-phasing Planapplicable acceptance procedures. Failure to place such improvements complete the process of placing 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 rightrights-of-way, easements, or other real property dedicated, conveyed, acquired, devised, or granted to the City by Developer 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 relevant property as intendedmechanic’s liens caused by Developer. The Owner/Developer acknowledges that no construction may occur City will approve the Private Improvements and no building permits may be issued until construction documents for all required improvements are submitted and approved by accept the City EngineerPublic Improvements in phases pursuant to the Phasing Plan pursuant to its applicable established practices.