Common use of WATER AND SANITARY SEWER SYSTEMS Clause in Contracts

WATER AND SANITARY SEWER SYSTEMS. Developer shall, at its sole expense, construct and install improvements and/or connections tying into the municipal water and sewage systems, including any required water hydrants. Such improvements shall be designed and constructed in accordance with the Final Development Plan, approved engineering construction plans and all applicable City, County and State standards, codes, regulations, ordinances and laws. Such water and sanitary sewer service facilities, including any on-site and off-site facilities, extensions and easements to reach the area to be served, shall be provided by and at the sole expense of the Developer shall be completed, approved and dedicated to (as required by the City in its discretion) the City to the extent necessary to fully service all proposed and existing facilities, structures and uses in the Project. All water and sanitary system improvements shall be completed before construction of Phase I of the development. The Developer shall post security in the form of cash or check or certificate of deposit, irrevocable letter of credit (issued by an institution doing business in Oakland County) or a performance bond (the “Security”), as specified in a separate agreement approved by the City. The Security shall be in an amount equal to the estimated cost of installation, or a performance bond in an amount equal to the cost of construction of the water and sanitary sewer systems plus 10% refundable cash deposit. The Agreement shall also authorize the City, at its option, to complete these improvements as required by the City Engineer, if Developer fails to complete the water and sanitary sewer improvements in a timely fashion, once construction has commenced. All performance bonds shall be issued by institutions licensed and admitted to do business in the State of Michigan. In such case, building permits for the applicable phase of the development to be served by the water and sanitary sewer improvements in question shall be issued upon the posting of such Security and execution of such agreement, which shall be approved by the City Attorney in the exercise of reasonable discretion. The water and sanitary sewer improvements shall be completed and approved prior to issuance of any certificates of occupancy for the last building within the Phase of that development. At the Developer’s request, but not more frequently than once a month, the Security may be reduced by the same percentage as the percentage of completion of the water and sanitary sewer improvements as determined by the City’s engineer in the exercise of reasonable discretion. The balance of any Security shall be returned to Developer within thirty (30) days following the determination of the City that the water and sanitary sewer improvements have been completed per the approved engineering plans.

WATER AND SANITARY SEWER SYSTEMS. The Developer shall, at its sole expense, construct and install improvements and/or connections tying into the municipal water and sewage sanitary sewer systems, including any required water hydrants. Such improvements shall be designed and constructed in accordance with the Final Development PlanSite Plan approved, approved engineering construction plans and all applicable CityTownship, County state, and State county standards, codes, regulations, ordinances and laws. Such water and sanitary sewer service facilities, including any on-site and off-site facilities, extensions and easements to reach the area to be served, shall be provided by and at the sole expense of the Developer Developer, and shall be completed, approved and dedicated to (as required by the City in its discretion) the City Township to the extent necessary to fully service all proposed and existing facilities, structures and uses in within the Project. All water and sanitary system improvements shall be completed before construction of Phase I of the development. The Developer shall post security in the form of cash or check or certificate of deposit, irrevocable letter of credit (issued by an institution doing business in Oakland County) or a performance bond (the “Security”), as specified in a separate agreement approved by the City. The Security shall be in an amount equal to the estimated cost of installation, or a performance bond in an amount equal to the cost of construction of the water and sanitary sewer systems plus 10% refundable cash deposit. The Agreement shall also authorize the City, at its option, to complete these improvements as required by the City Engineer, if Developer fails to complete the water and sanitary sewer improvements in a timely fashion, once construction has commenced. All performance bonds shall be issued by institutions licensed and admitted to do business in the State of Michigan. In such case, building permits for the applicable phase of the development Project to be served by the water and sanitary sewer improvements in question shall be issued upon the posting of such Security and execution of such agreement, which shall be approved by the City Attorney in the exercise of reasonable discretionthereby. The water and sanitary sewer improvements shall within and for a particular phase must be completed and approved prior connected to issuance the public systems so that each such phase or Development Area shall, upon completion and dedication of such improvements, be fully capable of standing on its own. In the event that Developer fails to complete the water system and/or sanitary sewer system, the Township may, but is not obligated to, complete construction of the Improvements. After providing notice as provided hereunder, the Township may elect to draw upon the Financial Assurance posted under Section 14 and install the water system and/or sanitary sewer system for such phase. Developer shall assume all risks associated with any non- availability of water and/or sanitary sewers to serve the structures within the Project, including without limitation, uninhabitable buildings and fire protection risks, and shall release, indemnify and hold harmless the Township from any and all claims arising by reason of any certificates of occupancy for the last building within the Phase of that developmentsuch non- availability. At the Developer’s requestDeveloper shall, but not more frequently than once a month, the Security may be reduced by the same percentage as the percentage of upon completion of installation and testing of the public water and sanitary sewer improvements for each phase of the Project, convey and dedicate all interests in such facilities to the Township by providing and executing documents and title work in accordance with all applicable Township Ordinances and regulations, and the area dedicated shall include any easements which may be required to access such improvements for maintenance and repair purposes. Prior to drawing upon the Financial Assurance to complete construction of the water and/or sanitary sewer system improvements, the Township shall serve written notice upon Developer, setting forth the manner in which it has failed to construct the improvements as determined required. The notice shall include a demand that the deficiencies be cured within fifteen (15) days. If the deficiencies set forth in the notice are not cured within said fifteen (15) day period, the Township may, but is not obligated to, draw upon the Financial Assurance and complete the construction, and assess the cost of construction not covered by the City’s engineer in the exercise of reasonable discretionFinancial Assurance, including any related administrative expense and attorney fees to Developer. The balance Township will not take action to enter the Property or collect the Financial Assurance if, within the fifteen (15) day period, Developer has taken appropriate steps to complete the water and/or sanitary sewer systems, and thereafter diligently pursues completion of any Security the required work. In the event the Township enters upon the Property to complete the construction of the water and/or sanitary sewer systems, in accordance with this section, the Township shall add to the actual cost of construction a sum equal to twenty-five (25%) percent of the costs incurred by the Township in completing the same to cover the administrative costs of such work. All costs shall be returned to due and payable upon receipt by Developer of a written invoice for the same from the Township with appropriate supporting documentation. Any amount not paid within thirty (30) days following shall bear interest at the determination rate of one and one-half (1 ½%) percent per month until paid. Should deficiencies in repair/maintenance of the City that the water and and/or sanitary sewer improvements systems be determined by the Township to constitute an impending and immediate danger to the health, safety and welfare of the public, the Township shall have been completed per the approved engineering plansright to take immediate corrective action and xxxxx such danger. The Township will make its best effort to communicate with Developer by telephone at the number to be provided by Developer before taking such action, but the Township will not be required to delay any action in the event of an impending and immediate danger if it is unable to make contact with Developer. In the event the Township has to take action in an emergency, the Township shall provide notice of the action taken as soon as possible after the time of the action, and in any event no later than forty-eight (48) hours after taking such action. Should deficiencies in repair/maintenance of the Improvements (defined in Section 12) be determined to be a public or private nuisance, the same shall be abated pursuant to Township ordinances.

WATER AND SANITARY SEWER SYSTEMS. The Developer shall, at its sole expense, construct and install improvements and/or connections tying into the municipal water and sewage sanitary sewer systems, including any required water hydrants. Such improvements shall be designed and constructed in accordance with the Final Development PlanSite Plan approved, approved engineering construction plans and all applicable CityTownship, County state, and State county standards, codes, regulations, ordinances and laws. Such water and sanitary sewer service facilities, including any on-site and off-site facilities, extensions and easements to reach the area to be served, shall be provided by and at the sole expense of the Developer Developer, and shall be completed, approved and dedicated to (as required by the City in its discretion) the City Township to the extent necessary to fully service all proposed and existing facilities, structures and uses in within the Project. All water and sanitary system improvements shall be completed before construction of Phase I of the development. The Developer shall post security in the form of cash or check or certificate of deposit, irrevocable letter of credit (issued by an institution doing business in Oakland County) or a performance bond (the “Security”), as specified in a separate agreement approved by the City. The Security shall be in an amount equal to the estimated cost of installation, or a performance bond in an amount equal to the cost of construction of the water and sanitary sewer systems plus 10% refundable cash deposit. The Agreement shall also authorize the City, at its option, to complete these improvements as required by the City Engineer, if Developer fails to complete the water and sanitary sewer improvements in a timely fashion, once construction has commenced. All performance bonds shall be issued by institutions licensed and admitted to do business in the State of Michigan. In such case, building permits for the applicable phase of the development Project to be served by the water and sanitary sewer improvements in question shall be issued upon the posting of such Security and execution of such agreement, which shall be approved by the City Attorney in the exercise of reasonable discretionthereby. The water and sanitary sewer improvements shall within and for a particular phase must be completed and approved prior connected to issuance the public systems so that each such phase or Development Area shall, upon completion and dedication of such improvements, be fully capable of standing on its own. In the event that Developer fails to complete the water system and/or sanitary sewer system, the Township may, but is not obligated to, complete construction of the Improvements. After providing notice as provided hereunder, the Township may elect to draw upon the Financial Assurance posted under Section 14 and install the water system and/or sanitary sewer system for such phase. Developer shall assume all risks associated with any non-availability of water and/or sanitary sewers to serve the structures within the Project, including without limitation, uninhabitable buildings and fire protection risks, and shall release, indemnify and hold harmless the Township from any and all claims arising by reason of any certificates of occupancy for the last building within the Phase of that developmentsuch non-availability. At the Developer’s requestDeveloper shall, but not more frequently than once a month, the Security may be reduced by the same percentage as the percentage of upon completion of installation and testing of the public water and sanitary sewer improvements for each phase of the Project, convey and dedicate all interests in such facilities to the Township by providing and executing documents and title work in accordance with all applicable Township Ordinances and regulations, and the area dedicated shall include any easements which may be required to access such improvements for maintenance and repair purposes. Prior to drawing upon the Financial Assurance to complete construction of the water and/or sanitary sewer system improvements, the Township shall serve written notice upon Developer, setting forth the manner in which it has failed to construct the improvements as determined required. The notice shall include a demand that the deficiencies be cured within fifteen (15) days. If the deficiencies set forth in the notice are not cured within said fifteen (15) day period, the Township may, but is not obligated to, draw upon the Financial Assurance and complete the construction, and assess the cost of construction not covered by the City’s engineer in the exercise of reasonable discretionFinancial Assurance, including any related administrative expense and attorney fees to Developer. The balance Township will not take action to enter the Property or collect the Financial Assurance if, within the fifteen (15) day period, Developer has taken appropriate steps to complete the water and/or sanitary sewer systems, and thereafter diligently pursues completion of any Security the required work. In the event the Township enters upon the Property to complete the construction of the water and/or sanitary sewer systems, in accordance with this section, the Township shall add to the actual cost of construction a sum equal to twenty-five (25%) percent of the costs incurred by the Township in completing the same to cover the administrative costs of such work. All costs shall be returned to due and payable upon receipt by Developer of a written invoice for the same from the Township with appropriate supporting documentation. Any amount not paid within thirty (30) days following shall bear interest at the determination rate of one and one-half (1 ½%) percent per month until paid. Should deficiencies in repair/maintenance of the City that the water and and/or sanitary sewer improvements systems be determined by the Township to constitute an impending and immediate danger to the health, safety and welfare of the public, the Township shall have been completed per the approved engineering plansright to take immediate corrective action and xxxxx such danger. The Township will make its best effort to communicate with Developer by telephone at the number to be provided by Developer before taking such action, but the Township will not be required to delay any action in the event of an impending and immediate danger if it is unable to make contact with Developer. In the event the Township has to take action in an emergency, the Township shall provide notice of the action taken as soon as possible after the time of the action, and in any event no later than forty-eight (48) hours after taking such action. Should deficiencies in repair/maintenance of the Improvements (defined in Section 12) be determined to be a public or private nuisance, the same shall be abated pursuant to Township ordinances.

WATER AND SANITARY SEWER SYSTEMS. Developer shall, at its sole expense, construct and install improvements and/or connections tying into the municipal water and sewage systems, including any required water hydrants. Such improvements shall be designed and constructed in accordance with the Final Development Plan, approved engineering construction plans and all applicable City, County and State standards, codes, regulations, ordinances and laws. Such water and sanitary sewer service facilities, including any on-site and off-site facilities, extensions and easements to reach the area to be served, shall be provided by and at the sole expense of the Developer shall be completed, approved and dedicated to (as required by the City in its discretion) the City to the extent necessary to fully service all proposed and existing facilities, structures and uses in the Project. All water and sanitary system improvements shall be completed before construction of Phase I of the development. The Developer shall post security in the form of cash or check or certificate of depositdeposit or, irrevocable letter of credit (issued by an institution doing business in Oakland County) ), or a performance bond b ond (the “Security”), as specified in a separate agreement approved by the City. The Security securitySecurity shall be in an amount equal to the estimated cost of installation, or a performance bond in an amount equal to the cost of construction of the water and sanitary sewer systems plus 10% refundable cash deposit. The Agreement shall also authorize the City, at its option, to complete these improvements as required by the City Engineer, if Developer fails to complete the water and sanitary sewer improvements in a timely fashion, once construction has commenced. All performance bonds shall be issued by institutions licensed and admitted to do business in the State of Michigan. In such case, building permits for the applicable phase of the development to be served by the water and sanitary sewer drainage improvements in question shall be issued upon the posting of such Security securitySecurity and execution of such agreement, which shall be approved by the City Attorney in the exercise of reasonable discretion. The water and and sanitary sewer improvements shall be completed and approved prior to issuance of any certificates of occupancy for the last building within the Phase of that development. At the Developer’s request, but not more frequently than once a month, the Security may be reduced by the same percentage as the percentage of completion of the water and sanitary sewer drainage improvements as determined by the CityC ity’s engineer in the exercise of reasonable discretion. The balance of any Security shall be returned to Developer within thirty (30) days following the determination of the City that the water and sanitary sewer drainage improvements have been completed per the approved engineering plans.

WATER AND SANITARY SEWER SYSTEMS. The Developer shall, at its sole expense, construct and install improvements and/or connections tying into the municipal water and sewage sanitary sewer systems, including any required water hydrants. Such improvements shall be designed and constructed in accordance with the Final Development Plan, approved engineering construction plans this Agreement and all applicable CityTownship, County state, and State county standards, codes, regulations, ordinances and laws. Such water and sanitary sewer service facilities, including any on-site and off-site facilities, extensions and easements to reach the area to be served, shall be provided by and at the sole expense of the Developer Developer, and shall be completed, approved and dedicated to (as required by the City in its discretion) the City Township to the extent necessary to fully service all proposed and existing facilities, structures and uses in within the Project. All water and sanitary system improvements shall be completed before construction of Phase I of the development. The Developer shall post security in the form of cash or check or certificate of deposit, irrevocable letter of credit (issued by an institution doing business in Oakland County) or a performance bond (the “Security”), as specified in a separate agreement approved by the City. The Security shall be in an amount equal to the estimated cost of installation, or a performance bond in an amount equal to the cost of construction of the water and sanitary sewer systems plus 10% refundable cash deposit. The Agreement shall also authorize the City, at its option, to complete these improvements as required by the City Engineer, if Developer fails to complete the water and sanitary sewer improvements in a timely fashion, once construction has commenced. All performance bonds shall be issued by institutions licensed and admitted to do business in the State of Michigan. In such case, building permits for the applicable phase of the development Project to be served by the water and sanitary sewer improvements in question shall be issued upon the posting of such Security and execution of such agreement, which shall be approved by the City Attorney in the exercise of reasonable discretionthereby. The water and sanitary sewer improvements shall within and for a particular phase must be completed and approved prior connected to issuance the public systems so that each such phase or Development Area shall, upon completion and dedication of such improvements, be fully capable of standing on its own. In the event that Developer fails to complete the water system and/or sanitary sewer system, the Township may, but is not obligated to, complete construction of the Improvements. After providing notice as provided hereunder, the Township may elect to draw upon the Financial Assurance posted under Section 14 and install the water system and/or sanitary sewer system for such phase. Developer shall assume all risks associated with any non-availability of water and/or sanitary sewers to serve the structures within the Project, including without limitation, uninhabitable buildings and fire protection risks, and shall release, indemnify and hold harmless the Township from any and all claims arising by reason of any certificates of occupancy for the last building within the Phase of that developmentsuch non- availability. At the Developer’s requestDeveloper shall, but not more frequently than once a month, the Security may be reduced by the same percentage as the percentage of upon completion of installation and testing of the public water and sanitary sewer improvements for each phase of the Project, convey and dedicate all interests in such facilities to the Township by providing and executing documents and title work in accordance with all applicable Township Ordinances and regulations, and the area dedicated shall include any easements which may be required to access such improvements for maintenance and repair purposes. Prior to drawing upon the Financial Assurance to complete construction of the water and/or sanitary sewer system improvements, the Township shall serve written notice upon Developer, setting forth the manner in which it has failed to construct the improvements as determined required. The notice shall include a demand that the deficiencies be cured within fifteen (15) days. If the deficiencies set forth in the notice are not cured within said fifteen (15) day period, the Township may, but is not obligated to, draw upon the Financial Assurance and complete the construction, and assess the cost of construction not covered by the City’s engineer in the exercise of reasonable discretionFinancial Assurance, including any related administrative expense and attorney fees to Developer. The balance Township will not take action to enter the Property or collect the Financial Assurance if, within the fifteen (15) day period, Developer has taken appropriate steps to complete the water and/or sanitary sewer systems, and thereafter diligently pursues completion of any Security the required work. In the event the Township enters upon the Property to complete the construction of the water and/or sanitary sewer systems, in accordance with this section, the Township shall add to the actual cost of construction a sum equal to twenty-five (25%) percent of the costs incurred by the Township in completing the same to cover the administrative costs of such work. All costs shall be returned to due and payable upon receipt by Developer of a written invoice for the same from the Township with appropriate supporting documentation. Any amount not paid within thirty (30) days following shall bear interest at the determination rate of one and one-half (1 ½%) percent per month until paid. Should deficiencies in repair/maintenance of the City that the water and and/or sanitary sewer improvements systems be determined by the Township to constitute an impending and immediate danger to the health, safety and welfare of the public, the Township shall have been completed per the approved engineering plansright to take immediate corrective action and xxxxx such danger. The Township will make its best effort to communicate with Developer by telephone at the number to be provided by Developer before taking such action, but the Township will not be required to delay any action in the event of an impending and immediate danger if it is unable to make contact with Developer. In the event the Township has to take action in an emergency, the Township shall provide notice of the action taken as soon as possible after the time of the action, and in any event no later than forty-eight (48) hours after taking such action. Should deficiencies in repair/maintenance of the Improvements (defined in Section 12) be determined to be a public or private nuisance, the same shall be abated pursuant to Township ordinances.