Common use of Duty of Developer to Construct Clause in Contracts

Duty of Developer to Construct. (a) All Authorized Improvements shall be constructed by or at the direction of the Developer in accordance with the Plans and in accordance with this Agreement. The Plans shall be prepared by a qualified engineering firm licensed in the State of Texas. The Developer will secure all applicable zoning, platting and site plan approvals and will obtain all necessary permits prior to commencing construction of the Authorized Improvements. (b) The Developer shall commence construction of the Authorized Improvements no later than July 1, 2016, and shall achieve Substantial Completion no later than July 1, 2019. The Developer shall perform all of its obligations and shall conduct all operations with respect to the construction of the Authorized Improvements in a good, workmanlike and commercially reasonable manner, with the standard of diligence and care normally employed by duly qualified persons utilizing their commercially reasonable efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. The Developer shall employ at all times adequate staff or consultants with the requisite experience necessary to administer and coordinate all work related to the design, engineering, acquisition, construction and installation of the Authorized Improvements to be acquired and accepted by the City from the Developer as provided in this Agreement. (c) The Developer shall not be relieved of its obligation to construct each Authorized Improvement and, upon completion, inspection, and acceptance, convey each such Authorized Improvement to the City in accordance with the terms hereof, even if there are insufficient funds in the Construction Fund to pay the Actual Costs thereof. In any event, this Agreement shall not affect any obligation of the Developer under any other agreement to which the Developer is a party or any governmental approval to which the Developer or any land within the District is subject, with respect to the improvements required in connection with the development of the land within the District.

Duty of Developer to Construct. (a) All Authorized Improvements shall be constructed by or at the direction of the Developer in accordance with the Plans and in accordance with this Agreement and the Development Agreement. The Plans shall be prepared by a qualified engineering firm licensed in the State of Texas. The Developer will secure all applicable zoning, platting and site plan approvals and will obtain all necessary permits prior to commencing construction of the Authorized Improvements. (b) The Developer shall commence construction of the Authorized Improvements no later than July 1, 2016, and shall achieve Substantial Completion no later than July 1, 2019. The Developer shall perform perform, or cause to be performed, all of its obligations and shall conduct all operations with respect to the construction of the Authorized Improvements in a good, workmanlike and commercially reasonable manner, with the standard of diligence and care normally employed by duly qualified persons utilizing their commercially reasonable efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. The Developer shall employ at all times adequate staff or consultants with the requisite experience necessary to administer and coordinate all work related to the design, engineering, acquisition, construction and installation of the Authorized Improvements to be acquired and accepted by the City from the Developer as provided in this Agreement and the Development Agreement. (cb) The Developer shall not be relieved of its obligation to construct or cause to be constructed each Authorized Improvement and, upon completion, inspection, and acceptance, convey each such Authorized Improvement to the City in accordance with the terms hereof, even if there are insufficient funds in the Construction Improvement Account of the Project Fund to pay the Actual Costs thereof. In any event, this Agreement shall not affect any obligation of the Developer under any other agreement to which the Developer is a party or any governmental approval to which the Developer or any land within the District is subject, with respect to the improvements Authorized Improvements required in connection with the development of the land within the District.