109-22 Developers Construction Agreement.pdf

1152-121 224456-3 6 Improvements, including but not limited to, the installation of those items specifically set forth herein. The following construction sequence shall be adhered to, by the Developer for the Project. 1. Conditions to Commencement of Construction. Prior to issuance of construction permits or commencement of construction, (i) all conditions of the Approval applicable to construction of the Project shall be satisfied, the Plans shall be signed accepted by the Township, and all construction cost estimates, performance guarantees, inspection fees and other required fees and contributions shall be posted with the Township; (ii) all governmental permits required to be issued as a condition precedent to issuance of a construction permit or to commencement of construction shall be obtained, and the conditions of approval of those permits shall be satisfied as well; and (iii) the Developer shall supply the Township Clerk and Zoning Board Secretary with a recorded copy of all documents which must be recorded in conjunction with the Approval, if applicable. In addition, prior to issuance of zoning, development and construction permits, the Township Engineer must certify, in writing, and the Zoning Officer must find that all conditions of the Approval are satisfied, including, but not limited to, the grant of authority to the Township (at no cost) to exercise jurisdiction over the entire Project under Title 39 of New Jersey Statutes (should the Township wish to receive such authority). 2. Performance Guarantee. In accordance with the MLUL, the Developer agrees to post performance guarantees and escrows for the benefit of the Township in the amounts set