Common use of Road Use Clause in Contracts

Road Use. 8.1 At least 45 calendar days prior to Construction Start, Developer shall provide to the County a traffic map showing the haul routes for Project construction vehicles and the ingress and egress routes to and from the footprint of the Project for material deliveries, including component parts for the Wind Turbines and substation, as well as the concrete and gravel haul routes. 8.2 Prior to Construction Start, Developer and the County shall enter into a road use agreement (“Road Use Agreement”), which shall include, among other provisions and obligations, the following obligations: (a) an obligation, at the election of the County, for Developer to post a surety bond or letter of credit (“Road Security”) securing Developer’s obligations to repair the County roads post-construction in at least the amount of the estimated cost to perform such repairs; (b) an obligation to repair damage to County roads caused by Developer’s construction of the Project such that after the County roads have been repaired, they are in as good or better condition than they were prior to construction of the Project; and (c) an obligation for Developer to maintain with the County a surety bond or letter of credit in an amount equal to at least 10% of the Road Security to secure Developer’s obligations related to construction of Project Facilities on land with sufficient rights for such construction in accordance with Section 4.3 herein until the date that is 30 calendar days after the date Developer provides to the County the fully executed final completion certificate from its general construction contractor, or as otherwise set forth in the Road Use Agreement.

Appears in 2 contracts

Sources: Commercial Wind Energy Project Development Agreement, Commercial Wind Energy Project Development Agreement

Road Use. 8.1 At least 45 calendar days prior to Construction Start, Developer shall provide to the County a traffic map showing the haul routes for Project construction vehicles and the ingress and egress routes to and from the footprint of the Project for material deliveries, including component parts for the Wind Turbines and substation, as well as the concrete and gravel haul routes. 8.2 Prior to Construction Start, Developer and the County shall enter into a road use agreement (“Road Use Agreement”), which shall include, among other provisions and obligations, the following obligations: (a) an obligation, at the election of the County, for Developer to post a surety bond or letter of credit (“Road Security”) securing Developer’s obligations to repair the County roads post-construction in at least the amount of the estimated cost to perform such repairs; (b) an obligation to repair damage to County roads caused by Developer’s construction of the Project such that after the County roads have been repairedroadshave beenrepaired, they are in as good or better condition than they were prior to construction of the Project; and (c) an obligation for Developer to maintain with the County a surety bond or letter of credit in an amount anamount equal to at least 10% of the Road Security to secure Developer’s obligations related to construction of Project Facilities on land with sufficient rights for such construction in accordance with Section 4.3 herein until the date that is 30 calendar days after the date Developer provides to the County the fully executed final completion certificate from its general construction contractor, or as otherwise set forth in the Road Use Agreement.

Appears in 1 contract

Sources: Commercial Wind Energy Project Development Agreement