Common use of Description of the Work Clause in Contracts

Description of the Work. Contractor shall perform and complete (or cause the performance and completion of) the “Work” (as defined below) in accordance with the provisions of this Agreement. The term “Work” means the construction and services required by the “Contract Documents” (as defined below) in order to complete “Finished Homesites” (as defined below), and includes all labor, materials, equipment and services provided or to be provided by Contractor to fulfill Contractor’s obligations under this Agreement, and the recordation of the “Final Plat” or “Final Plats” (as such terms are defined in the Option Agreement); provided, however that the Work does not include the vertical construction of residences (foundations or higher). The Work consists generally of the construction of certain roads, sidewalks, fencing, sewers, drainage curbs, gutters, grading, retaining walls, landscaping, water lines and utility lines within, and adjacent to, the Homesites, and any physical improvements to common areas within the Property (excluding any improvements which are vertical nature). Contractor may enter into contracts for the performance of the Work with “Subcontractors” (as defined in Section 10 below) that are appropriately licensed in the jurisdiction in which the Property is located, to the extent required by applicable law. For purposes of this Agreement, “Finished Homesite” shall mean, for each Homesite, that all improvements, and all other work and obligations, whether on the site of the Property, or outside the boundaries of the Property, have been constructed, installed or completed to the extent required to obtain a building permit for the construction of a residence upon the payment of the required building permit fees therefor, so that Contractor shall be able to commence construction of a residence on such Homesite upon the payment of such fee and a certificate of occupancy is available upon proper completion of a residence on the Homesite and payment of any hook-up or connection fees for utility services. In addition, the Work shall include the construction and installation of the Property Specific Improvements, if any, set forth on the Exhibit “C” to the Addendum.