Common use of Covenants of Developer Clause in Contracts

Covenants of Developer. In addition to the other covenants and agreements of Developer set forth specifically elsewhere in this Agreement, Developer covenants and agrees: 4.1 To construct at its own expense all Improvements for the Subdivision according to the Plans and according to City’s Development Regulations, within a period of two (2) years from the date of this Agreement, unless otherwise provided for herein, provided that additional time may be mutually agreed upon in the event of delays caused or due to Acts of God, strikes, or other circumstances not controlled by Developer. 4.2 To amend or modify the Plans as required to comply with future City standards and specification for those Improvements which are not constructed within two (2) years of the date of this Agreement, should those standards and specifications change prior to the construction of such Improvements. 4.3 To provide to City a current title opinion acceptable to City which attests to ▇▇▇▇▇▇▇▇▇’s ownership of the Property and its right to enter into this Agreement. ▇▇▇▇▇▇▇▇▇ further agrees not to enter into any Agreement which would affect the validity of such title opinion until such time as this Agreement has been executed and recorded in the Public Records of Marion County, Florida. 4.4 To retain a professional engineer registered in the State of Florida to (i) supervise the construction of the Improvements; (ii) provide the required certification of completion in “As-Built” drawings; and (iii) act on behalf of and represent Developer in technical matters in all dealings with City; and (iv) to complete transfer of the stormwater system ownership and maintenance per the water management district requirements prior to City acceptance of the system. 4.5 To provide a full set of reproducible “As-Built” plans for the Improvements, certified to City by Developer’s engineer in detail to the extent required by City Engineer, together with actual itemized construction and engineering cost summaries for the Improvements, such itemization to be certified by Developer’s engineer and submitted on a form approved by City Engineer. 4.6 To obtain and abide by all terms of any and all permits which may be required by the State of Florida, Marion County, the District or City with respect to the Subdivision and the construction of the Improvements, all at no cost to City. 4.7 To provide City with complete and legally effective releases or waivers satisfactory to City of all liens arising out of this Agreement and the labor and services performed and the materials and equipment furnished thereunder. 4.8 To pay all applicable fees in accordance with City Code. 4.9 To furnish or cause to be furnished to City by Developer’s contractor a proof of insurance, submitted to City Engineer, confirming the existence of a liability insurance company insurance coverage to protect City within any dedicated rights-of-way or easements during the construction and maintenance period of this Agreement, which insurance shall satisfy all applicable City insurance standards. 4.10 To execute and deliver to City, at the request of City, a dedication, assignment or deed conveying to City ownership of all Public Improvements, and to maintain and repair all Public Improvements for a period of one (1) year after the completion of construction thereof and acceptance by City. 4.11 To provide to City adequate assurance, in a form acceptable to City, in an amount equal to twenty percent (20%) of the actual costs of the Public Improvements, that Developer will comply with the maintenance obligations regarding the Public Improvements as required under the terms of this Agreement. Said assurance shall remain in effect for the duration of the one (1) year maintenance period described elsewhere in this Agreement. An eleven (11) month inspection will be conducted, prior to the release of the adequate assurance, of the Public Improvements and should all required corrections not be made prior to the expiration of the one (1) year maintenance period City shall have the right to utilize the adequate assurance to make the necessary corrections to the Public Improvements.

Covenants of Developer. In addition to the other covenants and agreements of Developer set forth specifically elsewhere in this Agreement, Developer covenants and agrees: 4.1 To construct at its own expense all Improvements for the Subdivision Subdivisions according to the Plans and according to the City’s Development RegulationsRegulations (for the Improvements within the Phase 1A Subdivision), within a period of two (2) years from the date Effective Date of this Agreement, unless otherwise provided for herein, provided that additional time may be mutually agreed upon in the event of delays caused or due to Acts of God, strikes, or other circumstances not controlled by the Developer. 4.2 To amend or modify the Plans as required to comply with future City standards and specification for those Improvements which are not constructed within two (2) years of the date Effective Date of this Agreement, should those standards and specifications change prior to the construction of such Improvements. 4.3 To provide to the City a current title opinion acceptable to the City which attests to ▇▇▇▇▇▇▇▇▇the Developer’s ownership of the City Property and County Property and its right to enter into this Agreement. ▇▇▇▇▇▇▇▇▇ The Developer further agrees not to enter into any Agreement which would affect the validity of such title opinion until such time as this Agreement has been executed and recorded in the Public Records of Marion County, Florida. 4.4 To retain a professional engineer registered in the State of Florida to (i) supervise the construction of the Improvements; (ii) provide the required certification of completion in “As-Built” drawings; and (iii) act on behalf of and represent the Developer in technical matters in all dealings with the City; and (iv) to complete transfer of the stormwater system ownership and maintenance per the water management district requirements prior to City city acceptance of the system. 4.5 To provide a full set of reproducible “As-Built” plans for the ImprovementsImprovements (for the Improvements within the Phase 1A Subdivision and the Public Improvements for the Phase 1 Subdivision), certified to the City by the Developer’s engineer in detail to the extent required by the City Engineer, together with actual itemized construction and engineering cost summaries for the such Improvements, such itemization to be certified by the Developer’s engineer and submitted on a form approved by the City Engineer. 4.6 To obtain and abide by all terms of any and all permits which may be required by the State of Florida, Marion County, the District or the City with respect to the Subdivision Subdivisions and the construction of the Improvements, all at no cost to the City. 4.7 To provide the City with complete and legally effective releases or waivers satisfactory to the City of all liens arising out of this Agreement and the labor and services performed and the materials and equipment furnished thereunder. 4.8 To pay the City, at the time of the recording of the Plat of the Phase 1A Subdivision, a solid waste system impact fee in the amount of Two Thousand Nine Hundred Fifteen and 00/100 Dollars ($2,915.00) representing a fee in the amount of Two Hundred Sixty Five and 00/100 Dollars ($265.00) per residential unit for the impact upon City’s solid waste system calculated at $265.00 per Lot times 11 Lots (being the number of Lots in the Phase 1A Subdivision). No solid waste system impact fees are due in connection with the Phase 1 Plat because City will not be providing solid waste service to the Phase 1 Subdivision. 4.9 To pay all applicable fees in accordance with the City Code. 4.9 4.10 To furnish or cause to be furnished to the City by the Developer’s contractor a proof of insurance, submitted to the City Engineer, confirming the existence of a liability insurance company insurance coverage to protect the City within any dedicated rights-of-way or easements during the construction and maintenance period of this Agreement, which insurance shall satisfy all applicable City insurance standards. 4.10 4.11 To execute and deliver to the City, at the request of the City, a dedication, assignment assignment, or deed conveying to the City ownership of all Public Improvements, and to maintain and repair all Public Improvements for a period of one (1) year after the completion of construction thereof and acceptance of construction by the City. City: (a) has inspected and approved the Public Improvements and acknowledges they have been substantially completed; and (b) by execution of this Agreement, shall be deemed to have accepted the construction of them on the Effective Date hereof. The lift station site for City utilities on the County Property was dedicated pursuant to the Plat of the Phase 1 Subdivision. The Public Improvements located on the City Property will be dedicated to City at the time of recording of the Plat of the Phase 1A Subdivision. 4.11 4.12 To provide to the City adequate assurance, in a form acceptable to the City, in the amount of $257,743.10, being an amount equal to twenty percent (20%) of the actual costs of the Public Improvements, that the Developer will comply with the maintenance obligations regarding the Public Improvements as required under the terms of this Agreement. Said assurance shall remain in effect for the duration of the one (1) year maintenance period described elsewhere in this Agreement. An eleven (11) month inspection will be conducted, prior to the release of the adequate assurance, of the Public Improvements and should all required corrections not be made prior to the expiration of the one (1) year maintenance period the City shall have the right to utilize the adequate assurance to make the necessary corrections to the Public Improvements.

Covenants of Developer. In addition to the other covenants and agreements of Developer set forth specifically elsewhere in this Agreement, Developer covenants and agrees: 4.1 To construct at its own expense all Improvements for the Subdivision according to the Plans and according to the City’s Development Regulations, within a period of two (2) years from the date of this Agreement, unless otherwise provided for herein, provided that additional time may be mutually agreed upon in the event of delays caused or due to Acts of God, strikes, or other circumstances not controlled by the Developer. 4.2 To amend or modify the Plans as required to comply with future City standards and specification for those Improvements which are not constructed within two (2) years of the date of this Agreement, should those standards and specifications change prior to the construction of such Improvements. 4.3 To provide to the City a current title opinion acceptable to the City which attests to ▇▇▇▇▇▇▇▇▇the Developer’s ownership of the Property and its right to enter into this Agreement. ▇▇▇▇▇▇▇▇▇ The Developer further agrees not to enter into any Agreement which would affect the validity of such title opinion until such time as this Agreement has been executed and recorded in the Public Records of Marion County, Florida. 4.4 To retain a professional engineer registered in the State of Florida to (i) supervise the construction of the Improvements; (ii) provide the required certification of completion in “As-Built” drawings; and (iii) act on behalf of and represent the Developer in technical matters in all dealings with the City; and (iv) to complete transfer of the stormwater system ownership and maintenance per the water management district requirements prior to City city acceptance of the system. 4.5 To provide a full set of reproducible “As-Built” plans for the Improvements, certified to the City by the Developer’s engineer in detail to the extent required by the City Engineer, together with actual itemized construction and engineering cost summaries for the Improvements, such itemization to be certified by the Developer’s engineer and submitted on a form approved by the City Engineer. 4.6 To obtain and abide by all terms of any and all permits which may be required by the State of Florida, Marion County, the District or the City with respect to the Subdivision and the construction of the Improvements, all at no cost to the City. 4.7 To provide the City with complete and legally effective releases or waivers satisfactory to the City of all liens arising out of this Agreement and the labor and services performed and the materials and equipment furnished thereunder. 4.8 To pay the City, at the time of the recording of the Plat of the Subdivision, a solid waste system impact fee in the amount of $6,360, representing a fee in the amount of Two Hundred Sixty-Five Dollars ($265.00) per residential unit for the impact upon City’s solid waste system calculated at $265.00 per lot times (x) 24 Lots. 4.9 To pay all applicable fees in accordance with the City Code. 4.9 4.10 To furnish or cause to be furnished to the City by the Developer’s contractor a proof of insurance, submitted to the City Engineer, confirming the existence of a liability insurance company insurance coverage to protect the City within any dedicated rights-of-way or easements during the construction and maintenance period of this Agreement, which insurance shall satisfy all applicable City insurance standards. 4.10 4.11 To execute and deliver to the City, at the request of the City, a dedication, assignment or deed conveying to the City ownership of all Public Improvements, and to maintain and repair all Public Improvements for a period of one (1) year after the completion of construction thereof and acceptance by the City. 4.11 4.12 To provide to the City adequate assurance, in a form acceptable to the City, in an amount equal to twenty percent (20%) of the actual costs of the Public Improvements, that the Developer will comply with the maintenance obligations regarding the Public Improvements as required under the terms of this Agreement. Said assurance shall remain in effect for the duration of the one (1) year maintenance period described elsewhere in this Agreement. An eleven (11) month inspection will be conducted, prior to the release of the adequate assurance, of the Public Improvements and should all required corrections not be made prior to the expiration of the one (1) year maintenance period the City shall have the right to utilize the adequate assurance to make the necessary corrections to the Public Improvements.