109-22 Developers Construction Agreement.pdf

1152-121 224456-3 12 a. A valid building permit has been issued pursuant to Section 25- 40.2 of the LDO, and any and all other permits required by any governmental agency with jurisdiction over the construction of the Project have been issued; b. Any and all inspections required in connection with the completion of work contemplated by all requisite permits are satisfactorily completed. c. All required guaranties and deposits on file with the Township are current, including the payment of property taxes and inspection fees. E. COMPLETION OF IMPROVEMENTS: 1. All driveways and parking areas shall remain privately owned by the Developer or its successors. The Developer shall be responsible for all maintenance of all roads, cartways, access ways and driveways within the Project. Except as required by law, the Township shall have no responsibility for the performance or payment of any maintenance or improvements to any such cartways, roads, access ways or driveways. 2. All site Improvements shall be completely constructed within a period of five (5) years from the date of this Agreement as executed by the parties hereto. The issuance of a Certificate of Occupancy by the Township shall not be deemed a waiver or release of any defect found in the Improvements or acceptance of the Improvements during said period or subsequent thereto. 3. If the Property is sold or otherwise transferred by the Developer prior to the completion of all the Improvements, then, as a condition precedent to the continued construction of the Project, the Developer and the purchaser or transferee of the Property shall enter into an assignment and assumption agreement, with the consent and joinder of the Township, pursuant to which the purchaser or transferee assumes all of the Developer’s obligations under this Agreement and otherwise commits in writing to all terms, conditions and provisions of this