Common use of Performance and Development Clause in Contracts

Performance and Development. SAMPLE 1. The Grantee agrees to promptly submit any reports that RPOSD may request. 2. If the Project includes development, the Grantee shall use sustainable elements, including but not limited to: energy-efficient buildings, long-lasting materials, conserved and restored natural areas, easy-to-maintain or drought tolerant plants and landscaping, organic mulch, fertilizers and compost, storm water capturing, wetlands for increased flood control, recycling bins for park patrons, on-site composting, and ADA access, unless the Grantee can show, to RPOSD’s satisfaction, that it is infeasible to do so. 3. If the Project includes acquisition of real property, the Grantee agrees to furnish RPOSD preliminary title reports respecting such real property or such other evidence of title that RPOSD determines to be sufficient. The Grantee agrees in negotiated purchases to correct, prior to or at the close of escrow, any defects of title that in the opinion of RPOSD might interfere with the operation of the Project. In condemnation actions, such title defects must be eliminated by the final judgment.

Performance and Development. SAMPLE 1. The Grantee agrees to promptly submit any reports that RPOSD may request. 2. If the Project includes development, the Grantee shall use sustainable elements, including but not limited to: energy-efficient buildings, long-lasting materials, conserved and restored natural areas, easy-to-maintain or drought tolerant plants and landscaping, organic mulch, fertilizers and compost, storm water capturing, wetlands for increased flood control, recycling bins for park patrons, on-site composting, and ADA access, unless the Grantee can show, to RPOSD’s satisfaction, that it is infeasible to do so. 3. If the Project includes acquisition of real property, the Grantee agrees to furnish RPOSD with evidence of title, such as preliminary title reports respecting such real property or such other reports. RPOSD, at its sole discretion, shall determine whether the evidence of title that RPOSD determines to be sufficientis acceptable under this Agreement. The Grantee agrees in negotiated purchases to correct, prior to or at the close of escrow, any defects of title that in the opinion of RPOSD might interfere with the operation of the Project. In condemnation actions, such title defects must be eliminated by the final judgment.