Developer Responsibilities. The Developer will: 1.1 Develop or cause the development of the Project in accordance with the City Regulations and the construction drawings and specifications of components of the Project approved by the City, hereinafter referred to as the Approved Development Plans. 1.2 Unless specifically stated otherwise, be responsible for the entire cost associated with developing the Project, including providing the real estate, engineering, construction, fees and deposits. 1.3 Provide the City with construction drawings, specifications and supporting data describing the Project and included with the Approved Development Plans. The improvements to be provided as part of the Project may include, but are not limited to: a. Roads and parking areas, graded full width and paved including drainage structures, sidewalks and other improvements all as dictated in the City Regulations and required for this Project; b. Sanitary sewers including manholes and all required appurtenances; c. Water mains, valves and all required appurtenances; d. Storm drainage improvements including catch basins, manholes and all other required appurtenances; e. Monuments, stakes and property pins; f. Street signs designating the name of each street at each intersection within the development and other traffic control signage; g. Street lighting including decorative poles (wood is not an acceptable material), underground conduits and appurtenances, and maintenance costs including electric to be paid by Home Owners Association; h. Utilities, including electric, telephone and internet services. i. All other improvements shown on the construction drawings as approved by the City including grading, seeding and landscaping. 1.4 Await the City’s approval of the Approved Development Plans of the Project before beginning any construction work on said components of the Project. 1.5 Prior to commencing the construction of any improvement or component of the Project, pay all fees, obtain all permits, and pay all deposits, if any, related to the relevant improvement or component, including engineering plan review, park fees, utility fees, inspection fees and all other fees as determined by the City. 1.6 Provide a cost opinion for the Public Improvements, as stated in the City’s Subdivision Regulations, by a Professional Engineer. 1.7 Guarantee that the labor, material and equipment used to construct the Public Improvements meet the City requirements by providing a performance bond, or other acceptable method in the City’s Subdivision Regulations, in the amount equal to the estimated cost of the Public Improvements $ 1.8 Provide the City with at least three (3) business days’ notice prior to the initial commencement of construction work and, if requested in writing by the City, will keep the City advised of the work schedule throughout the development of the Project. 1.9 Provide the City with a written notice when ▇▇▇▇▇▇▇▇▇ considers the Public Improvements and On-Site Improvements, respectively, to be substantially completed in accordance with the Approved Development Plans, and a date that the Public Improvements and On-Site Improvements, respectively, shall be ready for final inspection, hereinafter referred to as the Final Inspection Notice. 1.10 Upon written receipt of the City’s determination of “Substantial Completion,” as set forth within Section 2.1, the Developer shall guarantee all labor, material and equipment incorporated for the Public Improvements and On-Site Improvements, respectively, against defect and deficiencies for one (1) year from the Date of Substantial Completion, hereinafter referred to as the Warranty Period, by providing one or more of the following: a. A maintenance bond equal to ten percent (10%) of the construction cost of the Public Improvements and/or On-Site Improvements; or b. A certification to the City by a financial institution or corporation acceptable to the City Law Director; i. That funds equal to ten percent (10%) of the estimated construction cost for the Public Improvements and/or On-Site Improvements have been set aside in an escrow account; ii. That these funds cannot be released without a release by the City; iii. That the institution or corporation holding the funds shall release to the City and or all of the funds so escrowed for the purpose enumerated herein; and iv. That the escrow account will not be closed out without the approval of the City with the expiration of the Warranty Period by the City constituting release of the escrow account lacking any formal release by the City; or c. A bank irrevocable letter of credit payable to the City equal to ten percent (10%) of the construction cost for the Public Improvements and/or On-Site Improvements 1.11 Provide a written request for the release of the maintenance guarantees upon the expiration of the Warranty Period, and assure that all maintenance and/or repair expenses incurred by the City during the Warranty Period pursuant to this Agreement have been paid in full by the Developer. 1.12 Cause the work described in the Approved Development Plans and support data, as required herein, to be completed efficiently and expediently upon the approval of the Approved Development Plans. The foregoing notwithstanding, ▇▇▇▇▇▇▇▇▇ agrees to commence the construction of Public Improvement within twelve (12) months of the date of this Agreement, and substantially complete the of this Agreement. 1.13 Remove or cause to be removed such dirt, debris and foreign matter from all public rights-of-way, improvements and/or easements, within twenty-four (24) hours after being notified by the City that such work is required, and after Substantial Completion. Such removal shall be done to the reasonable satisfaction of the City. 1.14 Upon the City’s determination of Substantial Completion, Developer shall provide the City with a copy of the original signed construction drawings, with two (2) sets of prints annotated to reflect the “as-constructed” conditions (and a digital PDF copy), and a copy of the original recorded plat (and a digital PDF copy). 1.15 Developer agrees and acknowledges that residential occupancy of any dwelling that shall be constructed upon the Property shall not occur until after the date of Substantial Completion of the Public Improvement. 1.16 Developer shall ensure that all construction and marketing related signage related to the Project is consistent with the City’s zoning regulations and restrictions. 1.17 In the event Developer decides to utilize or place a construction trailer or mobile office facility on the Property, Developer shall ensure that construction trailer or mobile office facility is consistent with the City’s zoning regulations and restrictions, and Developer agrees to promptly remove said construction trailer or mobile office facility after the completion of construction of the residential dwellings within the Project. 1.18 ▇▇▇▇▇▇▇▇▇ agrees to reimburse the City for costs and expenses incurred by the City, relating to the City’s review, inspection, and overseeing of the construction of the Public Improvements, including, but not limited to site inspection, plan review, and reasonably necessary administrative costs. City shall provide an invoice, receipt, or other accounting of the costs and expenses prior to the Developer’s reimbursement, Notwithstanding the foregoing, prior to the City’s written acceptance of Substantial Completion, the City shall issue a final statement to the Developer with all outstanding expenses and shall be reimbursed by the Developer prior to the City’s acceptance of Substantial Completion. 1.19 ▇▇▇▇▇▇▇▇▇ agrees to execute and comply with the Stormwater Maintenance Agreement. 1.20 The Developer hereby agrees to petition to join the Circleville New Community Authority (NCA) upon it’s formation and to record upon the project site a supplemental declaration encumbering the project site with the terms and conditions of the Circleville New Community Authority. 1.21 Upon signing of this Agreement, the Developer shall record this document with the Pickaway County Recorder and provide the City with a copy.
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Sources: Development Agreement, Development Agreement