109-22 Developers Construction Agreement.pdf

1152-121 224456-3 23 T. NOTICE OF NON-COMPLIANCE: The Township shall issue a notice of non-compliance upon any violation of this Agreement. Township Construction Code violations are governed by the Uniform Construction Code and are not modified by this Agreement. The Developer agrees to eliminate any violation within a reasonable time, depending upon the nature of the violation as set forth in a written violation notice, or may be subject to receipt of a stop work order in accordance with this Agreement, provided, however, that the Township Engineer shall have the discretion to extend any period set forth in the violation notice if it is demonstrated to him that the Developer is diligently pursuing a remedy to the non-compliance, and the public interest is not jeopardized. The Developer agrees to use best efforts to eliminate any violation within the time period set forth in any such violation notice. U. MISCELLANEOUS: The parties hereby specifically agree as follows: a. Any and all easements required by the Project and to which the Township is a party shall be reviewed and approved by the Township Engineer, the Township Attorney and, if so required by Township Ordinance, the Township Council. b. All provisions of this Agreement shall comply with prevailing New Jersey law, as may be amended from time to time. V. REMEDIES: 1. The Township may declare the Developer in default under this Agreement, provided written notice of the facts giving rise to said default is provided to the Developer, and a thirty- (30-) day period is provided within which the Developer may cure or demonstrate the ability to cure such default. In the event the default is not cured within said thirty- (30-) day