Responsibilities of Developer Sample Clauses

Responsibilities of Developer. (a) Owner hereby engages Developer to perform the services in connection with the development and construction of the Project normally and customarily performed by a developer of a commercial real estate project and as further described herein, and Developer hereby accepts such engagement and, subject to the conditions set forth in this Agreement, agrees to provide such services, at Owner's expense. During the term of this Agreement, Developer shall have full authority to construct the Project or cause the Project to be constructed as a senior and assisted living facility, and shall have full and complete control and reign over, and use of, the entire Project, including its common areas. Without limiting the generality of the foregoing, Developer shall, at Owner's expense, have full authority as follows:

Responsibilities of Developer a. Developer must obtain all required permits, licenses and approvals, and must meet all requirements of all local, state, and federal laws and regulations which must be obtained or met in connection with the development and construction of private buildings and businesses. Without limitation to the foregoing, Developer must request and obtain from the City all necessary variances, conditional use permits, or zoning changes. The Parties agree and acknowledge that this Agreement does not constitute review or approval of any permits, approvals, or licenses which may be required by the City. b. Developer shall devote each such parcel to the uses specified for it in the submitted plan and the Developer shall begin and complete the development of such land for uses required in the plan by February 28December 31, 20253. c. Developer shall retain the interest it acquires on individual properties transferred to it until it has completed the construction and development of said properties in accord with the provisions of the submitted plan and disposition instruments. d. Developer shall not sell, lease, or otherwise transfer the interests in the Property, or any part thereof, or transfer or assign any of Developer’s rights or interests under this Agreement without the prior written consent of the City. e. Developer agrees that no covenant, agreement, lease, conveyance, or other instrument shall be effected or executed by the City or by a Developer (or any successor in interest) whereby the use of the land in the project area is restricted, either by the City or Developer (or any successor in interest) upon the basis of race, creed, color, or national origin in the sale, lease, or occupancy thereof. The foregoing restriction shall be implemented by appropriate covenants or other provisions and disposal instruments as covenants running with the land. f. Developer, its successor, or assigns shall not discriminate in the use, sale, or lease of any property within the project area or any part thereof, against any person because of race, color, religion, or national origin and such provisions shall be included in disposition instruments as a covenant running with the land. g. Developer shall ensure that all plans for structures, site improvements, signs (other than directional signs) and landscaping must be approved in writing for conformance with the provisions of the submitted plan by the City of Minot Engineering Department before construction is commenced.

Responsibilities of Developer. Developer shall perform the following services (the “Services”) in connection with the development of the Project: (a) Perform, or cause to be performed, in a diligent and efficient manner, general administration and supervision of construction of the Project, including but not limited to (i) administration and supervision of the activities of contractor and all other contractors, subcontractors and others employed in connection with the construction of the Project, (ii) periodic inspection of construction in progress, including but not limited to inspection at completion, for defects in construction to assure compliance with the Plans and Specifications, and supervision of correction of any and all defects noted pursuant to such inspection, and (iii) processing and payment of applications for progress payments made by contractor. (b) Developer shall develop the Real Estate and cause the Project to be constructed in a manner consistent with good workmanship and substantially in accordance with (i) the Plans and Specifications attached hereto as Exhibit C and incorporated by reference herein, (ii) the Budget attached hereto as Exhibit D and incorporated by reference herein, and (iii) all municipal, state and other governmental laws, ordinances and regulations governing the construction of the Project and the use thereof for its intended purposes.

Responsibilities of Developer a. Developer shall provide the following described construction services, labor and materials for the construction of a multi-purpose pathway, landscape features and other park amenities for the Open Space. All such construction services and materials will be provided, installed and completed prior to July 1, 2017. i. Provide and install all earth work and grading; ii. Provide and install four to six inches (4”-6”) of topsoil material for placement throughout the Open Space; iii. Provide and install berms as may be reasonably requested by the City to enhance the appearance and functionality of park amenities to be provided by the City pursuant to this MOU; iv. Provide and install Fescue or other acceptable drought resistant seeding approximately ten feet (10’) on either side of the pathway and from the edge of the pathway to the back of the curb that is constructed through Lot 12, Block 1 of Saddle Ridge 8th Filing; v. Drill grass seed, using a seed mix approved by the City, throughout the remaining Open Space and cover the disturbed areas with hydro-mulch, clipped straw mulch, or other mulch approved by the City; vi. Construct a ten foot (10’) wide pathway through Block 1, Lot 12, as shown on Exhibit A (Yellow); vii. Provide and install a two inch (2”) water stub in accordance with City and BOPU standards and regulations; viii. Construct the ten foot (10’) pathway from U.S. Highway 30 south along Saddle Ridge Trail west along Countryside Ave. and connecting to Saddle Ridge 8th Filing as shown on Exhibit A (Blue); ix. Construct an eight foot (8’) pathway that runs north and south along the west side of Saddle Ridge 8th Filing, as shown on Exhibit A (Red). x. Construct and install a sprinkler and drip system based on a mutually agreed upon design between City and Developer. xi. The costs of labor, materials and other construction services and costs in excess of $122,541.00 or in excess of the amount of Park Fees actually paid by the Developer are the sole responsibility of the Developer.

Responsibilities of Developer. Developer shall perform the following commitments (the “Commitments”) in connection with the development of the Project: Developer shall ensure the Project Site is zoned properly prior to development; Developer shall construct, reconstruct, and/or restore the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Cabin and related improvements in the manner specified in Exhibit A to the Project Agreement; Developer shall utilize the Grant Funds strictly for construction of the Project;

Responsibilities of Developer. In consideration of the inclusion of the Property into the Plan and the resulting financial benefits, which it expects to receive, ▇▇▇▇▇▇▇▇▇ agrees to the following:

Responsibilities of Developer. The City's agreement to allow the Funds paid to the Grantee to be subsequently re-loaned by the Grantee to the Developer was specifically conditioned upon the Developer developing the Project. Thus the parties acknowledge that the Developer will be responsible for the various obligations of the Grantee set forth in this Agreement. The Developer has joined in this Agreement for the express purpose of acknowledging such obligation. The Developer also certifies that it does not use coercion for labor or services as defined in section 787.06, Florida Statutes.

Responsibilities of Developer. Developer will, at its own cost and expense, be responsible for the following: Developer will furnish Marketer with ten copies of the Target Product for installation and use in compliance with the license granted in Section 4(a) of the Agreement. Within 30 days of the Effective Date and at least quarterly thereafter upon Marketer's reasonable request, Developer will provide training on, and familiarization with, the Target Product to Marketer personnel and Developer will make its sales representatives available on a reasonable basis for joint marketing visits to the Marketer Sites, any Prospect Sites and any Trade Show Sites. Developer will furnish Marketer with reasonable quantities of those Target Materials prepared by Developer. Upon Marketer's reasonable request, Developer will assist Marketer in the development of proposals to prospective customers. Developer will promptly and in good faith negotiate to achieve a Customer License with any prospective customer identified by Marketer as interested in licensing the Target Product. Developer will maintain the core software technology of the Target Product and will provide such modifications and enhancements thereto as Developer deems appropriate for marketing by Marketer to the Market.

Responsibilities of Developer. Developer shall be responsible to work with the Agency to develop the following predevelopment tasks and work product for the Project: A. Preliminary Site Plan. Developer shall work with architects and civil engineers to prepare a Preliminary Site Plan for the Project that will include ,conceptual retail and mixed-use areas, parking areas, building envelopes, utility layouts, grading and drainage plans, ingress and egress, and internal vehicular and pedestrian routes, and the other requirements provided to the Developer from the Agency and South Salt Lake City Staff Developer will consult with the Agency and South Salt Lake City staff on the Preliminary Site Plan. B. Entitlement Process. Developer shall be responsible to submit the required applications as provided by the Community and Development Department of South Salt Lake City, which include but are not limited to, a zoning map and ordinance amendment application, subdivision application, CUP application, and design review application. Developer agrees to pay for all costs associated to prepare the applications, and if necessary, will advance any fees required by the city to review and process the applications. Developer agrees the zoning map and ordinance amendment application will include the entire 5.52 acres Developer is aware that the entitlement process that is required for the proposed development includes planning commission and city council approval, which requires additional time and process. It is agreed by the Parties to work to accomplish the entitlement process within 6 months after the receipt of complete applications from the developer. Developer agrees that to meet this timeframe, a quick response to any City Staff requirements will be required. C Development Proforma/Gap analysis. Developer shall prepare and submit to the Agency a financial proforma, that includes the capital investment for the project, and sufficient detail showing the costs to develop the retail portion and mixed use of the site. In addition, the developer will provide a gap analysis, that demonstrates any “ gap” in the financing of the project that would require public assistance.