Developer Commitments Clause Examples

Developer Commitments. In consideration of City agreeing to pay Developer the Project Revenues in accordance with the terms, provisions and conditions of this Agreement, Developer agrees to the following, which are not obligations of Developer, but are conditions that must be fulfilled in order to receive the Project Revenues:

Developer Commitments. In furtherance of the development, construction and operation of the Project, and based on the Town’s commitments set forth herein, ▇▇▇▇▇▇▇▇▇ agrees that: (a) The Project shall be located at the ▇▇▇▇▇@▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇; (b) The Project shall be open for business operations, and the corresponding ability to deliver products to the public, at the Property no later than June 30, 2023; and (c) The Project shall create a minimum of one hundred (100) jobs on or before June 30, 2024.

Developer Commitments a. Developer shall, directly or indirectly, in accordance with all applicable federal, state, and local laws and regulations undertake the construction of 17 units, which shall be at least five (5%) percent of residential units on the Property (the “Restricted Units”) and to lease said units exclusively to Qualified Residents. b. Developer shall comply with all state and federal fair housing laws in the marketing and rental of the Restricted Units, including acceptance of recipients of federal certificates or vouchers for rent subsidies pursuant to the Housing Choice Voucher Program, or any successor thereto. c. Developer shall not restrict the rental, lease, use, occupancy, tenure, or enjoyment of the Restricted Units on the basis of race, color, religion, creed, sex, sexual orientation, disability, marital status, ancestry, or national origin of any potential Qualified Resident. d. Developer hereby acknowledges and agrees, for itself and its successors and assigns, that the Restricted Units shall be used solely in compliance with the Inclusionary Housing Ordinance and the requirements set forth herein. Developer warrants that it has not entered into any other agreements that would restrict its ability to comply with this Agreement. Further, Developer shall not enter into any agreement that is inconsistent with the terms set herein, without the express written consent of the City.

Developer Commitments. The following summary of commitments has been made by the Developer during the term of this Agreement: 1. Transportation Contribution Fee – $1,000 per Residential Unit; 2. School Contribution Fee – $400 per Residential Unit; 3. Workforce Housing Provision; 4. Compliance with the City of Charleston’s Minority Business Enterprise and Women’s Business Enterprise Program

Developer Commitments. The City and Developer further agree to the following terms or conditions, the responsibility of which is clarified, as follows:

Developer Commitments. Subject to satisfaction of the Conditions Precedent as described in Section 4, Developer agrees to take the following actions (“Developer Commitments”) at Developer’s cost and expense.

Developer Commitments. The following summary of commitments has been made by the Developer during the term of this Agreement: 1. Long Savannah Parkway - $8,000,000 (Estimated); 2. Bear Swamp Roadway Improvements - $2,500,000 (Estimated);

Developer Commitments. Developer shall, at the Developer’s sole expense, design and construct the public infrastructure related to the Legends Crossing PUD Project, including Tournament Trail Drive and road improvements to Dartown Road and SR 32, including the associated streets, sidewalks, trail corridor, and pathways as illustrated in Exhibit B (collectively, the “Commitments”) in substantial compliance with Westfield’s standards and procedures. Westfield hereby acknowledges that the Commitments shall be constructed in two (2) phases, shown on Exhibit B as “Phase I” and “Phase II” and hereinafter referred to as “Phase I” and “Phase II”, and Developer shall be entitled to the “RIF Credits” (hereinafter defined) regardless of whether its expenditures are made during Phase I or Phase II. a. The design of the Commitments shall be in compliance with Westfield’s Construction Standards, Thoroughfare Plan and be ADA compliant. Before any request for bids by Developer, Developer shall obtain Westfield’s written approval and acceptance of the design and costs of construction. Westfield’s approval and acceptance shall not be unreasonably withheld. Construction of the Commitments by the Developer shall be subject to any applicable permits, financial guarantees and inspections by Westfield.

Developer Commitments. The Developer shall: A. As applicant, diligently pursue obtaining the entitlements for the Project in accordance with the Project Schedule, DSA and GDA. B. Negotiate in good faith with the Commission to reach final agreements for the DSA, GDA and GMP in accordance with the terms of Sections 4, 5 and 6 hereof for design and construction of the Project in accordance with the Project Schedule and in keeping with the spirit and intent of this MOU. C. Design the Project substantially in conformance with the Development Plan and in accordance with the Project Schedule, the DSA, GDA, GMP and applicable law. D. Construct the Public Improvements in accordance with the Project Schedule, the DSA, GDA, GMP and applicable law. E. Purchase the Private Land in consideration of the payment of the Commission Purchase Price and diligently proceed with the development and construction of the Private Improvements in accordance with the Project Schedule, the GDA, and applicable law. F. Until completion of the Project and the issuance of certificates of use and occupancy for the Public Improvements and the Private Improvements, none of the Original Members shall be removed from the Developer entity without the prior written approval of the Commission, not to be unreasonably withheld, conditioned or delayed. ▇. ▇▇▇▇▇▇▇▇▇ shall be obligated to increase the proposed level of minority participation in the Private Improvements (the “Minority Equity”) to 20% of the total equity ownership in the Private Improvements. Developer shall maintain or exceed its commitment to 25% subcontractor MFD participation in the development and construction of the Project in accordance with the Commission’s MFD goals. ▇. Although the Developer intends to retain all Members of the Development Team, limited substitution of a Member or Members may be warranted. In the event that fees proposed by a Member for services to be rendered in connection with the Project are substantially greater than usual, normal or customary fees in the market for similar services, the Developer may request approval from the Commission’s project manager (i) to replace the Member, and (ii) of the proposed replacement, provided that such replacement has equivalent qualifications, education level and experience level of the Member proposed for replacement. Upon such approval, which shall not be unreasonably withheld, conditioned or delayed, the Developer may replace such Member as approved.