Common use of Developer Responsibilities Clause in Contracts

Developer Responsibilities. Developer shall undertake the design, development and installation of the Community Improvements. Public Improvements shall be designed and constructed, and shall contain those improvements and facilities, as reasonably required by the applicable City Agency that is to accept, and in some cases operate and maintain, the Public Improvement in keeping with the then-current Citywide standards and requirements of the City Agency as if it were to design and construct the Public Improvement on its own at that time, including the requirements of any Non-Responsible City Agency with jurisdiction. With regard to the Community Improvements that are ongoing programs or services, such as shuttles and transit services, Developer shall consult with the relevant City Agencies prior to commencing such programs or services. Without limiting the foregoing, any Community Improvement, whether a Public Improvement or a Private Improvement for the Public Benefit, shall obtain a Design Review Approval from the Planning Department as set forth in Section 3.3.1 of this Agreement prior to obtaining all necessary permits and approvals (including review of all design and construction plans) from any responsible agencies having jurisdiction over the proposed Community Improvement consistent with Section 2.4 of this Agreement. Without limiting the foregoing, (i) the SFMTA must approve all of the plans and specifications for the SFMTA-Related Infrastructure, (ii) the SFPUC must approve all of the plans and specifications for the SFPUC-Related Infrastructure, and (iii) DPW must approve all of the plans and specifications for all Public Improvements unless the DPW Director waives this requirement. With the exception of any and all construction relating to the realignment of the SFMTA light rail “M” Oceanview, construction of Community Improvements must be Completed by Developer on or before issuance of the First Certificate of Occupancy for any building containing new residential units or commercial gross floor area permitted by the Phasing Plan in exchange for construction of such Community Improvement (or as otherwise described in a Development Phase Approval, but in no event later than one (1) year following the issuance of such First Certificate of Occupancy), subject to Excusable Delay. If Developer fails to complete the Community Improvement within such time frame, the City may cease issuing any further Project approvals, not accept any additional applications for the Project, and include in any estoppel certificate language reflecting Developer’s failure to complete such Community Improvements. In addition, failure to continue to diligently prosecute such Community Improvement to Completion shall, following notice and cure as set forth in Section 12, be an event of default.

Developer Responsibilities. Developer shall undertake the design, development and installation of the Community Improvements. Public Improvements shall be designed and constructed, and shall contain those improvements and facilities, as reasonably required by the applicable City Agency that is to accept, and in some cases operate and maintain, the Public Improvement in keeping with the then-current Citywide standards and requirements of the City Agency as if it were to design and construct the Public Improvement on its own at that time, including the requirements of any Non-Non- Responsible City Agency with jurisdiction. With regard to the Community Improvements that are ongoing programs or services, such as shuttles and transit services, Developer shall consult with the relevant City Agencies prior to commencing such programs or services. Without limiting the foregoing, any Community Improvement, whether a Public Improvement or a Private Improvement for the Public Benefitpublic benefit, shall obtain a Design Review Approval from the Planning Department as set forth in Section 3.3.1 of this Agreement prior to obtaining all necessary permits and approvals (including review of all design and construction plans) from any responsible agencies having jurisdiction over the proposed Community Improvement consistent with pursuant to Section 2.4 of this Agreement. Without limiting the foregoing, (i) the SFMTA must approve all of the plans and specifications for the SFMTA-Related SFMTA Infrastructure, (ii) the SFPUC must approve all of the plans and specifications for the SFPUC-Related InfrastructureStormwater Management Improvements, and (iii) DPW must approve all of the plans and specifications for all Public Improvements unless the DPW Director waives this requirement. With the exception of any and all construction relating to the realignment of the SFMTA light rail “M” Oceanview, construction of Community Improvements must be Completed by Developer on or before issuance of the First Certificate of Occupancy for any building containing new residential units or commercial gross floor area permitted by the Phasing Plan in exchange for construction of such Community Improvement (or as otherwise described in a Development Phase Approval, but in no event later than one (1) year following the issuance of such First Certificate of OccupancyOccupancy for such new gross floor area), subject to Excusable Delay. If Developer fails to complete the Community Improvement within such time frame, the City may cease issuing any further Project approvals, not accept any additional applications for the Project, and include in any estoppel certificate language reflecting Developer’s failure to complete such Community Improvements. In addition, failure to continue to diligently prosecute such Community Improvement to Completion shall, following notice and cure as set forth in Section 12, be an event Event of defaultDefault.

Developer Responsibilities. Developer shall undertake the design, development and installation of the Community Improvements. Public Improvements shall be designed and constructed, and shall contain those improvements and facilities, as reasonably required by the applicable City Agency that is to accept, and in some cases operate and maintain, the Public Improvement in keeping with the then-current Citywide standards and requirements of the City Agency as if it were to design and construct the Public Improvement on its own at that time, including the requirements of any Non-Responsible City Agency with jurisdiction. With regard to the Community Improvements that are ongoing programs or services, such as shuttles and transit services, Developer shall consult with the relevant City Agencies prior to commencing such programs or services. Without limiting the foregoing, any Community Improvement, whether a Public Improvement Publicly-Owned or a Private Improvement for the Public BenefitPrivately-Owned, shall obtain a Design Review Approval from the Planning Department as set forth in Section 3.3.1 of this Agreement prior to obtaining all necessary permits and approvals (including review of all design and construction plans) from any responsible agencies having jurisdiction over the proposed Community Improvement consistent with pursuant to Section 2.4 of this Agreement. Without limiting the foregoing, (i) the SFMTA must approve all of the plans and specifications for the SFMTA-Related SFMTA Infrastructure, (ii) the SFPUC must approve all of the plans and specifications for the SFPUC-Related SFPUC Infrastructure, and (iii) DPW must approve all of the plans and specifications for all Public Improvements unless the DPW Director waives this requirement. With the exception of any and all construction relating to the realignment of the SFMTA light rail “M” Oceanview, construction of Community Improvements must be Completed by Developer on or before issuance of the First Certificate of Occupancy for any building containing new residential units or commercial gross floor area permitted by the Phasing Plan in exchange for construction of such Community Improvement (or as otherwise described in a Development Phase Approval, but in no event later than one (1) year following the issuance of such First Certificate of OccupancyOccupancy for such new gross floor area), subject to Excusable Delay. If Developer fails to complete the Community Improvement within such time frame, the City may cease issuing any further Project approvals, not accept any additional applications for the Project, and include in any estoppel certificate language reflecting Developer’s failure to complete such Community Improvements. In addition, failure to continue to diligently prosecute such Community Improvement to Completion shall, following notice and cure as set forth in Section 12, be an event Event of defaultDefault.