Common use of Public Property Clause in Contracts

Public Property. (a) The Municipality shall, acting reasonably and upon application by the Developer, grant to the Developer under written agreement or consent the right, permission and power to use, break-up, dig, trench, or excavate in the public streets, roads and boulevards, under the control of the Municipality, within or adjacent to the Lands, and otherwise do such Work therein and thereon as may be necessary, from time to time, construct, develop, erect, lay, operate, maintain, repair, extend, relay and/or remove any Municipal Improvements forming part of the Work of the Developer, as may be necessary for the purpose of this Agreement, PROVIDED that: (i) No less than fourteen (14) days prior to the date that the developer intends to enter upon any Public Property (except in the case of emergency repair work), the Developer shall provide to the Municipality a written detailed proposal, for approval by the Municipal Representative, for the Work to be done within any such property including: (a) A specific Work schedule and proposed procedures to be followed; (b) Detailed engineering drawings of all connections to existing municipal services; (c) Provisions to be implemented for temporary access and services; (d) Installation of temporary traffic control devices and/or personnel deployment to minimize traffic disruption; and (e) Form and schedule of notification and public relation strategy to be utilized. (ii) The performance of such Work shall be inspected by the Municipality whose review comment and recommendations shall be addressed prior to Commencement of Construction; (iii) No such Work shall be commenced prior to the Developer obtaining the written consent of the Municipality to enter upon such Public Properties, and the Municipality shall not unreasonably delay or withhold such written consent; (iv) The Developer shall do as little damage as possible in the performance of such Work, and will cause as little obstruction to such Public Properties as possible; (v) Upon completion of such Work, the Developer shall be responsible for the restoration of the Public Properties to their condition prior to performance of the Work including, but not limited to, concrete work, asphalt paving, re-planting or replacement of trees, shrubs, and sod, to the satisfaction of the Municipal Representative; (vi) The restoration of Public Properties shall be part of the Municipal Improvements to be constructed and installed by the Developer and the Developer shall be required to obtain Construction Completion Certificates and Final Acceptance Certificates for the restoration work; (vii) The Developer shall indemnify and save harmless the Municipality from and against all losses, claims, suits or demands of any nature (including all legal costs and disbursements on a solicitor and client basis), which may arise by reason of the performance of Work by the Developer; and (viii) The Developer shall, at all times, during the construction and installation of the Municipal Improvements provide safe and acceptable access to residents and occupiers adjacent to the Lands.