Developer’s Agreement to Install Utility Improvements. As part of the Infrastructure Improvements, the Developer shall obtain approval for and construct, relocate, remove or abandon, as necessary, gas, electrical, and cable and telecommunications facilities which are either municipally owned or operated under permit or franchise issued by the City, within the right-of-way of the Infrastructure Improvements, as necessary for the Project as described herein (the “Utility Improvements”) and as may be required for the Project. The Developer shall be responsible for obtaining, as part of the cost of the Infrastructure Improvements, all construction permits for the Utility Improvements. Developer shall take all reasonable steps to minimize the interruption of service to properties not involved in the Project. At no time shall any of the activities cause any service to other properties not involved in the Project to be interrupted. In the event service is interrupted without reasonable accommodation acceptable to the City, the developer shall take all reasonable steps to have service returned as soon as reasonably practicable. In the event the developer fails to take such steps, it shall result in the City being able to, in its reasonable discretion, take the necessary steps to have service returned to the affected properties and charge the performance bond for the costs, if any.
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Sources: Development Agreement, Development Agreement