Common use of Construction of the Public Infrastructure Improvements Clause in Contracts

Construction of the Public Infrastructure Improvements. The Developer covenants and agrees that it will cause to be constructed and installed all of the Public Infrastructure Improvements in accordance with the Construction Documents. The Developer shall supervise, perform and direct the Work utilizing qualified personnel, and in accordance with the standards of care normally exercised by construction organizations performing similar work. The Developer shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures for coordinating all portions of the Work. The Authorized City Representative shall inspect the Work as it is being performed to ensure the Work is being performed in accordance with the approved Construction Documents. Any Work not performed in accordance with the Construction Documents shall be corrected by Developer at its sole cost. For the purpose of constructing the Public Infrastructure Improvements, the City hereby grants to the Developer a license to access any portion of the Public Infrastructure Improvement Site owned by the City. The Developer shall be permitted to access the licensed property at any time and by way of public entrances, unless otherwise specified by the City. Access to the licensed Property by the Developer shall be restricted to those authorized hereunder. The Developer shall have the right to limit access to the licensed property, subject to the right of the City to enter upon or pass through the licensed property for any purpose. With the prior approval of the City, the Developer may post pertinent signs in the area. The license granted hereunder shall expire upon the completion of the Public Infrastructure Improvements in accordance with Section 4.3 herein, but in no event shall the license extend beyond September 1, 2013. Notwithstanding this grant of license by the City to the Developer, the Developer shall comply in all respects with the terms and conditions of Section 4.3(b) Construction Access of the Amended and Restated Development Agreement entered into between the City and the Developer. The Developer shall submit the names of the Contractors it proposes to use. Under no circumstances will the Developer propose to use any Contractor who is not specified. The City will promptly reply to the Developer in writing stating whether or not the City has reasonable objection to any such proposed person or entity. Upon written notice from the City, the Developer shall replace any individual deemed by the City, in its reasonable judgment, to lack the skill, experience or expertise required to perform the Developer’s obligations under this Agreement. The Developer agrees that the Public Infrastructure Improvements, and all rights-of-way and easements associated therewith shall be dedicated for public use and as to the Public Infrastructure Improvements. The Developer further agrees to provide to the City such documentation (in addition to the documentation required by Sections 4.3 and 4.4 hereof) as may be reasonably required by the City in connection with such dedication and acceptance. This Agreement shall apply to all of the Work.

Construction of the Public Infrastructure Improvements. The Developer covenants and agrees that it will cause to be constructed and installed all of the Public Infrastructure Improvements in accordance with the Construction Documents. The Developer shall supervise, perform and direct the Work utilizing qualified personnel, and in accordance with the standards of care normally exercised by construction organizations performing similar work. The Developer shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures for coordinating all portions of the Work. The Authorized City Representative shall may inspect the Work as it is being performed to ensure the Work is being performed in accordance accord with the approved Construction Documents. Any Work not performed in accordance accord with the Construction Documents shall be corrected by Developer at its sole cost. For the purpose of constructing the Public Infrastructure Improvements, the City hereby grants to the Developer a license to access any portion of the Public Infrastructure Improvement Site owned by the City. The Developer shall be permitted to access the licensed property at any time and by way of public entrances, unless otherwise specified by the City. Access to the licensed Property by the Developer shall be restricted to those authorized hereunder. The Developer shall have the right to limit access to the licensed property, subject to the right of the City to enter upon or pass through the licensed property for any purpose. With the prior approval of the City, the Developer may post pertinent signs in the area. The license granted hereunder shall expire upon the completion of the Public Infrastructure Improvements in accordance with Section 4.3 herein, but in no event shall the license extend beyond September 1___________, 20132009. Notwithstanding this grant of license by the City to the Developer, the Developer shall comply in all respects with the terms and conditions of Section 4.3(b) Construction Access of the Amended and Restated Development Agreement entered into between the City and the Developer. The Developer shall submit the names of the Contractors it proposes to use. Under no circumstances will the Developer propose to use any Contractor who is not specified. The City will promptly reply to the Developer in writing stating whether or not the City has reasonable objection to any such proposed person or entity. Upon written notice from the City, the Developer shall replace any individual deemed by the City, in its reasonable judgment, to lack the skill, experience or expertise required to perform the Developer’s obligations under this Agreement. The Developer agrees that the Public Infrastructure Improvements, and all rights-of-way and easements associated therewith therewith, including those identified on Exhibit A-2 (which is attached hereto and incorporated herein by reference), shall be dedicated for public use and as to the Public Infrastructure Improvements, accepted as provided in that certain document entitled ___________, attached as EXHIBIT ___. The Developer further agrees to provide to the City such documentation (in addition to the documentation required by Sections 4.3 and 4.4 hereof) as may be reasonably required by the City in connection with such dedication and acceptance. This Agreement shall apply to all of the Work.