Developer Covenants Sample Clauses
The Developer Covenants clause sets out specific promises and obligations that the developer must adhere to during the course of a project. These covenants typically include requirements such as adhering to agreed-upon specifications, meeting deadlines, maintaining quality standards, and complying with relevant laws and regulations. For example, the developer may be required to deliver work free of defects and to promptly address any issues that arise. The core function of this clause is to ensure accountability and reliability from the developer, thereby protecting the interests of the client and reducing the risk of project delays or substandard work.
Developer Covenants. Developer hereby covenants as follows:
9.2.1 Unless otherwise stated in this Agreement, the Developer shall design, finance, construct, own, operate and maintain the Project or any part thereof in accordance with this Agreement and its applicable Schedules, and all laws, rules, regulations and ordinances that are enforceable or binding upon Developer;
9.2.2 Developer shall successfully complete the test operations required by Schedule 4 (Commissioning Requirements) for the Project on or before the Required Commercial Operations Date;
9.2.3 In addition to the Technical Specifications of Schedule G, Developer shall operate and maintain the Project in such a manner so as not to have an adverse effect on Utility voltage level and/or voltage waveform, power factor and frequency or produce adverse levels of voltage flicker and/or voltage harmonics;
9.2.4 In addition to the Technical Specifications of Schedule G, Developer shall at all times cause the Project to be operated and maintained consistent with Prudent Utility Practice;
9.2.5 Developer shall in accordance with the Technical Specifications of Schedule G, install protective relays within the Project having ratings and characteristics approved by Utility. Such approval shall not constitute a Utility any warranty or representation and shall not operate to increase the liability of Utility with respect to third parties. In addition to the the Technical Specifications of Schedule G, Developer shall maintain the settings of all such relays at levels reasonably acceptable to Utility. Developer shall not change the settings of such relays without prior written consent of Utility, which consent shall not be unreasonably withheld or delayed.
9.2.6 Developer shall notify Utility in writing of all apparatus that is from time to time included in Developer's Project installations and that is likely to cause undue disturbance of Utility's system. Such apparatus shall be utilised only with the approval of, and as specified by, Utility, in writing. Such approval shall not constitute a Utility any warranty or representation and shall not operate to increase the liability of Utility with respect to third parties.
9.2.7 Where approval is granted pursuant to Paragraph 9.2.6 above, Developer shall use all reasonable efforts to prevent any apparatus being utilised in such a manner as to cause any undue disturbance of Utility' system. If Utility finds that any such apparatus is being utilised in a manner that causes such distur...
Developer Covenants. In relation to the development and servicing of the Development Area, the Developer agrees:
Developer Covenants. Developer shall not use, produce, process, manufacture, generate, treat, handle, store or dispose of any Hazardous Materials in, on or under the Campus or the Project, or use the Campus or the Project for any such purposes, or Release any Hazardous Materials into any air, soil, surface water or groundwater comprising the Campus or the Project, in each of the foregoing cases, in violation of any Environmental Laws. Developer shall comply with all Environmental Laws applicable to the Campus or the Project, or the construction or use or occupancy thereof, or any operations or activities therein or thereon.
Developer Covenants. 4.1 The Developer covenants on behalf of itself and its successors in title to perform and comply with the development consent obligation within Schedule 1 to this Deed.
Developer Covenants. Developer intends, declares and covenants, on behalf of itself, all future owners of the project subject to the Rezone Request, and all parties that obtain any interest in any dwelling within the Project, that this Agreement and the covenants and restrictions set forth herein regulating the use and occupancy of the Active Employment Units shall be covenants running with the portion of land requesting rezone, and the land and improvements constituting the Active Employment Units, and, for the benefit of the City, shall encumber the Rezone Section and such Active Employment Units, and shall be binding upon the Developer, all subsequent owners of the Active Employment Units, and any other party with an interest in any portion of an Active Employment Unit or the Rezone Section prior to the creation of the Active Employment Units required hereunder. ▇▇▇▇▇▇▇▇▇ agrees, prior to the issuance of a building permit for the construction of the Project, or any phase thereof, to record a restrictive covenant agreement on each Active Employment Unit to be constructed (or to be constructed in the applicable phase) reflecting the use and occupancy restrictions applicable to such Active Employment Unit in form and substance acceptable to the City. The restrictive covenant agreement shall have a term of not less than fifty (50) years beginning on the date of recording an shall be in substantially the same form as set forth in Exhibit D.
Developer Covenants. The Developer covenants and agrees as follows:
Developer Covenants a. The Developer Covenants, and agrees that:
(1) Developer shall use commercially reasonable efforts to implement the Project, in accordance with the provisions of this Redevelopment Agreement, the Legal Requirements, all Governmental Approvals and all Environmental Laws.
(2) Developer shall undertake with due diligence: (i) to pursue and obtain the necessary financing for acquisition and redevelopment; (ii) redevelopment of the Project upon securing Governmental Approvals; and (iii) perform each item on or prior to the date set forth in the Project Milestones (for those items for which commencement dates only may be given, such items shall be completed in a commercially reasonable period).
(3) Developer shall Commence Construction of the Project in accordance with the Project Milestones /Timeline, Exhibit “D”.
(4) During redevelopment and construction, and upon completion of any building in the Project, Developer shall use diligent efforts to obtain Certificates of Occupancy for completed buildings.
(5) Developer shall notify the Township of any change from the information previously provided to the Township regarding Developer’s financial capability to acquire the Property if such change will affect the Developer’s ability to redevelop, finance and construct the Project.
(6) The undertakings pursuant to the Redevelopment Agreement are for the purpose of redevelopment, and not for speculation in land holding.
(7) Developer shall acquire the Property, obtain all Redevelopment Approvals and Governmental Approvals, perform any environmental investigation and remediation, and construct the Project at its sole cost and expense.
(8) Developer shall provide performance bonds or other surety required by the Municipal Land Use Law or any other relevant law. Developer shall provide all inspection escrows as required by the Municipal Land Use Law or any other relevant law.
(9) Developer shall, at its sole cost and expense, satisfy the low and moderate income housing obligation as set forth in the Redevelopment Plan and as may be imposed on by law, including the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and any regulations that have been, or may be, adopted by the State of New Jersey pursuant thereto, any regulations of the Council on Affordable Housing, or its successor, that may be applicable to the affordable units included within the development. Notwithstanding the foregoing, under no circumstances shall Developer be required to construct any affordable uni...
Developer Covenants. 1. The Developer shall spend a minimum of ONE MILLION DOLLARS and 00/100 ($1,000,000) in private funds to renovate the Old Town Hall Property (the “Developer Investment”). The Developer represents and warrants that the Old Town Hall Building will be renovated to provide at least twelve (12) market-rate, residential apartments and other uses, if viable, as permissible by the Town’s zoning ordinance.
2. Developer shall submit building plans, specifications and a building permit application for the Project to the Town within sixty (60) days of execution of this Agreement (the “Permit Period”)
3. Developer shall begin mobilization and construction on the Project within thirty- one (31) days following Developer’s receipt of the building and associated governmental permits for the Project.
4. Developer shall present a reasonable completion schedule for the Project at the time all governmental permits are issued for the Project.
5. Developer shall comply with all state and local zoning codes, building codes and ordinances applicable to the Property.
6. The Developer shall prepare and maintain, or cause to be prepared and maintained, appropriate books and records, reflecting all money received and all money disbursed in connection with the Old Town Hall Property and the Project for the purpose of verifying Developer’s compliance with the terms of this Agreement. The Town and its duly appointed representatives shall have the right to examine, audit, and copy such books and records during business hours on reasonable notice.
7. The Developer represents and warrants it anticipates applying for State and Federal Historic Tax Credits for the Project. Developer shall make application for State and Federal Historic Tax Credits to the extent the final Project design and plans comply with the requirements necessary for the award of such credits.
8. The Developer represents and warrants to the Town that:
(a) it is a valid limited liability company duly organized, validly existing and in good standing under the laws of the State of North Carolina;
(b) it is duly qualified to do business and is in good standing in every jurisdiction in which such licensing and qualification is required;
(c) it has the full right, power, and authority to perform its obligations hereunder; and
(d) it will execute, deliver and perform this Agreement.
Developer Covenants. In completing each phase of the Project as more fully set forth in Exhibit C, the Developer covenants and agrees that it will provide a full and complete site plan to the Redevelopment Commission and appropriate agencies for approval, including street and parking lot improvements, landscaping, etc.
Developer Covenants. The Developer covenants with the Council to observe and perform the covenants on its part contained in Schedule [1 and Schedule 2]. The Council covenants with the Developer that it will observe and perform the covenants on its part contained in Schedule 2 and Schedule 3. The parties agree that the Developer shall not be liable for a breach of any of its obligations under this Agreement or obligations relating to any part of the Land, after it shall have parted with all of its interests in the Land or the part in respect of which the breach arises (as the case may be) other than in respect of any breach by it at the time when it held such an interest. It is further agreed that this Agreement shall lapse and be of no further effect if: the Permission shall expire without having been implemented; or the Permission shall be withdrawn, varied or revoked otherwise than with the consent of the Developer; or the Permission is quashed following a successful Legal Challenge; or the Inspector or Secretary of State dismisses the Appeal and (if applicable) such dismissal is later upheld following a statutory challenge or redetermination following a successful statutory challenge. Nothing in this Agreement shall prohibit or limit the right to develop any part of the Land in accordance with a planning permission (other than the Permission) granted (whether or not on appeal) before or after the date of this Agreement. Save where the context otherwise specifies nothing in this Agreement shall require the Developer to perform any obligation whatsoever in upon or under land outside the ownership of the Developer.