109-22 Developers Construction Agreement.pdf

1152-121 224456-3 15 at prevailing rates for manpower and equipment necessary, and the Developer shall reimburse the Township within 30 days of receipt of any invoice or bill therefor. The Developer shall indemnify and hold the Township and the Township’s Agents harmless from any and all liabilities associated with the work performed in the said regard. 2. The Developer shall be solely responsible for inspection and maintenance of all ESC Measures shown on the approved Plans or required by the Standards. Upon noticing any deficiencies in either the maintenance or effectiveness of the approved ESC Measures, or upon receipt of notice of the same by the Township Engineer, the Developer agrees to take immediate action to correct said deficiencies, in a fashion reasonably acceptable to the Township Engineer. Such action may include, but not be limited to, restoration of the approved ESC Measures or providing a design for new soil erosion and sediment control measures prepared according to the Standards by a New Jersey licensed professional engineer to correct said deficiencies. No new designs for soil erosion and sediment control measures can be implemented or used without prior approval by the HEPSCD and the Township Engineer. 3. The Developer agrees to prevent sediment from leaving the site according to the Soil Erosion Act of New Jersey. The Developer further agrees to be solely responsible for any and all damages resulting from sediment leaving the site. The Developer also agrees to provide dust control as required, according to the Standards, in order to prevent negative impacts to adjacent areas. 4. In the event of a sale or other transfer of the Property, the Assignment and Assumption Agreement (or any replacement Developer’s Construction Agreement) shall provide that the purchaser or transferee, as successor to the Developer, shall be solely responsible for