Common use of On-Site Improvements Clause in Contracts

On-Site Improvements. A. Developer has retained the Civil Design Engineer to extend the County water distribution and sewer collection systems from the current water distribution and sewer collection terminus in the Northgate Project to the on-site connection point for the Phase 2 Project in order to distribute water and sewer to and within the Phase 2 Project (together, the “On-Site Improvements”). B. Developer shall provide for inspection of the On-Site Improvements by the Civil Design Engineer during construction and shall ensure the On-Site Improvements are constructed in material conformance with the Approved Construction Plans. Developer shall provide to the County a statement from the Civil Design Engineer certifying, based on the best of his/her information, knowledge, and belief based on periodic observation, that the On-Site Improvements and all related materials and workmanship meet the County’s specifications and standards. Developer shall provide two (2) copies, and an electronic file, of “record” drawings of the On-Site Improvements signed by the Civil Design Engineer and/or an independent inspector. Upon request of the County, the certification shall be substantiated by material affidavits from suppliers and by applicable test results for deflection, pressure, leaks, bacteria, compaction and flow tests reasonably required by the County. All design, construction, inspection, and other costs incurred to construct the On-Site Improvements and connect the Phase 2 Project to the County reuse water system shall be borne by the Developer. The Developer shall hold the County harmless for and indemnify the County against any and all claims for damages or personal injuries caused by or arising from the faulty or negligent construction of the On-Site Improvements, except to the extent caused by the negligence or willful misconduct of the County, until the County accepts dedication of the On-Site Improvements. C. Upon satisfaction of the requirements set forth in Section 5(B) of this Agreement, the County shall, upon dedication by the Developer and subject to approval of the County, which approval shall not be unreasonably withheld, accept title to and assume responsibility for maintenance and operation of the water, sanitary sewer lines, pipes, appurtenances and associated facilities comprising the On-Site Improvements as shown on the Approved Construction Plans. This dedication shall include all rights, title, and interest that the Developer has in the On-Site Improvements and also all easements and/or right-of-way required for the purpose of maintenance thereof, as shown on the Easement Plat.

On-Site Improvements. A. Developer has retained the Civil Design Engineer to design and observe the construction of such improvements as are necessary to extend the County water distribution and sewer collection systems Off-Site Improvements from the current water distribution and sewer collection terminus in the Northgate Project County connection points to the on-site connection point for the Phase 2 Project in order and to distribute traffic, water, sanitary sewer and reuse water and sewer service to and within the Phase 2 Project (togetherProject, hereinafter collectively referred to as the “Project On-Site Improvements”).” The Developer shall select a competent contractor for the construction of the Project On-Site Improvements. The Developer shall notify the County of the selection and provide a copy of the contract amount. The County reserves the right to advise the Developer of any prior contractual arrangements between the contractor and County that resulted in default, litigation, and / or poor performance and request consideration of another contractor. The Project On-Site Improvements shall be constructed at Developer’s sole expense. Developer shall ensure that the Project On-Site Improvements are of sufficient capacity to serve the Project. B. Developer shall provide for inspection of the Project On-Site Improvements by the Civil Design Engineer during construction and shall ensure the On-Site Improvements are constructed in material conformance compliance with the Approved Construction Plansall County design and construction requirements. Developer shall provide to the County a statement from the Civil Design Engineer certifying, based on the best of his/her information, knowledge, and belief based on periodic observation, that the On-Site Improvements Infrastructure and all related materials and workmanship meet the County’s specifications and standards. Developer shall provide two (2) copies, and an electronic file, of “record” drawings of the Project On-Site Improvements signed by the Civil Design Engineer and/or an independent inspector. Upon request of the County, the certification shall be substantiated by material affidavits from suppliers and by applicable test results for deflection, pressure, leaks, bacteria, compaction and flow tests reasonably required by the County. All design, construction, inspection, and other costs incurred to construct the Project On-Site Improvements and connect the Phase 2 Project to the County reuse water system shall be borne by the Developer. The Developer shall hold the County harmless for and indemnify the County against any and all claims for damages or personal injuries caused by or arising from the faulty or negligent construction of the On-Site Improvements, except to the extent caused by the negligence or willful misconduct of the County, until the County accepts dedication of the Project On-Site Improvements. C. Upon satisfaction completion of the construction of the Project On-Site Improvements, certification by the Design Engineer, provision of the “record” drawings, and compliance with any other requirements set forth in reasonably imposed by the County pursuant to Section 5(Bthree (3) of this Agreementagreement, the County shall, upon dedication by the Developer and subject to approval of the County, which approval shall not be unreasonably withheld, accept title to and assume responsibility for maintenance and operation of the roads and traffic infrastructure that comprise On-Site Improvements and such water, sanitary sewer lines, pipes, appurtenances and associated facilities comprising reuse water portions of the Project On-Site Improvements as shown on the Approved Construction Plansare located within public easements or right-of-ways, up to but not including individual metering points. This dedication shall include all rights, title, and interest that the Developer has in the Project On-Site Improvements and also all easements and/or right-of-way required for the purpose of maintenance thereof. D. The plans and specifications for the Project On-Site Infrastructure shall be consistent with the County's design standards and ordinances, as shown on well as applicable state and federal regulations at the Easement Plattime of plan approval by the County. The County Representative and the Developer shall coordinate the planning, design, and construction of the Project On-Site Infrastructure to generally adhere to the County’s water and sewer master planning for the region.

On-Site Improvements. A. Developer has retained the Civil Design Engineer to extend the County water distribution and sewer collection systems from the current water distribution and sewer collection terminus in the Northgate Project to the on-site connection point for the Phase 2 Project in order to distribute water and sewer to and within the Phase 2 Project (together, the “On-Site Improvements”). B. Developer shall provide for inspection of the On-Site Improvements by the Civil Design Engineer during construction and shall ensure the On-Site Improvements are constructed in material conformance with the Approved Construction Plans. Developer shall provide to the County a statement from the Civil Design Engineer certifying, based on the best of his/her information, knowledge, and belief based on periodic observation, that the On-Site Improvements and all related materials and workmanship meet the County’s specifications and standards. Developer shall provide two (2) copies, and an electronic file, of “record” drawings of the On-Site Improvements signed by the Civil Design Engineer and/or an independent inspector. Upon request of the County, the certification shall be substantiated by material affidavits from suppliers and by applicable test results for deflection, pressure, leaks, bacteria, compaction and flow tests reasonably required by the County. All design, construction, inspection, and other costs incurred to construct the On-Site Improvements and connect the Phase 2 Project to the County reuse water system shall be borne by the Developer. The Developer shall hold the County harmless for and indemnify the County against any and all claims for damages or personal injuries caused by or arising from the faulty or negligent construction of the On-Site Improvements, except to the extent caused by the negligence or willful misconduct of the County, until the County accepts dedication of the On-Site Improvements. C. Upon satisfaction of the requirements set forth in Section 5(B) of this Agreement, the County shall, upon dedication by the Developer and subject to approval of the County, which approval shall not be unreasonably withheld, accept title to and assume responsibility for maintenance and operation of the water, sanitary sewer lines, pipes, appurtenances and associated facilities comprising the On-On- Site Improvements as shown on the Approved Construction Plans. This dedication shall include all rights, title, and interest that the Developer has in the On-Site Improvements and also all easements and/or right-of-way required for the purpose of maintenance thereof, as shown on the Easement Plat.