109-22 Developers Construction Agreement.pdf

1152-121 224456-3 18 2. The Developer shall use reasonable precautions to prevent damage to public and private property, trees, landscaping and structures along and adjacent to the Project. The Developer agrees, at the Developer’s cost, to make all necessary arrangements with the respective utility companies prior to relocation or interruption of service. 3. The Developer agrees not to enter upon or make use of any private property abutting or in proximity to the Project, except where permission is secured in writing therefor from the owner. The Township agrees to utilize good faith efforts to obtain (at no cost) from the affected private property owner(s) any necessary construction access easements or right-of-entry agreements (each a “Construction Access Agreement”) so as to allow the Developer to install the improvements required by the Resolution. The Township has no obligation to resort to litigation to obtain any such Construction Access Agreement, and nothing contained in this Agreement shall require the Township to provide money or other consideration to any affected private property owner to fulfill the terms of this Agreement. In the event an affected private property owner does not agree to enter into a Construction Access Agreement, the Developer shall be obligated to completing only such work as can be accomplished with access only to the public right-of-way. The Developer agrees to restore or repair, in a reasonable manner satisfactory to the owner, such property which may be damaged by the Developer or the Developer’s Agents during the execution of the Project or by the work associated therewith. 4. Failure to correct damage to public and private property caused by the Developer or the Developer’s Agents during the execution of the Project shall render the Developer in breach of this Agreement and subject the Developer to the remedies prescribed in this Agreement or as otherwise allowed under applicable laws.