109-22 Developers Construction Agreement.pdf

1152-121 224456-3 3 4. It is in the best interest of the Developer and the Township that this Agreement be entered to provide for fulfillment / implementation of all the requirements of the MLUL and the LDO, the conditions of the Approval, and the conditions of all other approvals imposed by any other governmental agency having jurisdiction over the matter. 5. In the event that any of the terms of this Agreement are more stringent than those set forth in the MLUL, the LDO or the Resolution, the Developer hereby agrees to comply with the more stringent provisions of this Agreement. 6. As a condition of the Approval, the Developer is required to enter into this Agreement with the Township, satisfactory to the Township Council, the Township Engineer, and the Township Attorney. NOW, THEREFORE, in consideration of the mutual undertakings set forth below, the Developer and the Township enter into this Agreement and agree to the following terms, covenants, and conditions: A. GENERAL: 1. The Developer understands and agrees that no clearing, grading, land disturbance, or removal of trees in any areas designated on the plans as an area of disturbance shall take place until such time as all State, County and local permits as required to be issued as a condition to commencement of such activity are obtained. The Developer further understands and agrees that no construction permit will be issued by the Township until the Developer complies with all applicable Township Ordinances and obtains all required permits and approvals from the State and local agencies, the County of Essex, and all other agencies with jurisdiction over the matter. The Developer shall, at Developer’s cost, obtain all necessary permits for work within public rights-of-way. The Developer shall also obtain, at Developer’s cost, all necessary permits for