8. That the boundaries of each and every lot shall be marked with permanent surveyor's monuments, which may be iron pins, said monuments to be placed in each corner of the individual lots or at such additional locations as the shape of the lot will require, or in accordance with the directions of the TOWNSHIP or its agents, said monuments to be placed by a registered surveyor or registered professional engineer and shall be visible when final grading has been completed.
9. That it is further agreed that no building, depending for ingress or egress upon the improvement of any street or streets herein provided for, shall be permitted to be occupied before improvements including driveways are fully completed to the extent required by TOWNSHIP. The provisions of this paragraph shall not be interpreted to prevent occupancy where the base of any roadways is constructed to the extent required by TOWNSHIP or by any law of the Commonwealth of Pennsylvania or where TOWNSHIP approves in writing a delay in the surfacing of said street until near the end of the term in which the improvements are required to be so completed.
10. That it is also agreed that where any part of a development abuts on a Township, County, or State road, that is not fully improved with curbs, paving gutters and sidewalks, before any building abutting, on such road is occupied, the improvements adjacent to the Lot must be completed in accordance with the applicable Plans and specifications, including the paving of the area from the curb to the existing pavement, and any strip of land between the lots as laid out and the legal right-of-way of such public road shall be included in the deed of dedication of adjoining interior roadways.
12. That OWNER will be responsible for the discarding of waste materials, such as papers, cartons, and the like (whether discarded by it, or others employed by it, or by others engaged in the delivery of the aforesaid materials and the construction of the buildings on the several lots within the aforesaid subdivision), and agrees to prevent the same from being deposited either by being thrown or blown upon any land adjacent or within the vicinity of the development.
13. That OWNER shall execute and deliver to TOWNSHIP an Indenture or Deed of Easement in the form and containing such provisions as shall be approved by the TOWNSHIP, said Indenture or Deed of Easement to cover and apply to all storm sewer installations and such other installations and/or right-of-way provided for drainage and so forth, as shall be shown or indicated upon the said approved plan and aforesaid Indenture of Deed of Easement shall be delivered to TOWNSHIP for recording prior to the occupancy of any buildings by OWNER or any other person. The delivery, acceptance, and/or recording of the said Indenture of Deed of Easement shall not constitute either acceptance or approval of any work or improvements as set forth in the Agreement.
14. That OWNER shall reimburse TOWNSHIP for the cost of the preparation of this Agreement, the preparation of the Indenture of Deed of Easement, Deed of Dedication required hereunder, preparation and cost of advertising such ordinances as may be required under the terms of this Agreement, the cost of recording of any instruments required under this Agreement, all legal and engineering fees occasioned by this Agreement plus an additional ten (10%) percent of said legal and engineering fees for clerical services, and such other costs as may be required under the provisions of the Ordinances of TOWNSHIP.
15. That OWNER agrees that in the event any of the said materials used in construction shall be rejected or disapproved by the TOWNSHIP as defective, unsuitable or done without prior inspection herein provided, then the said materials shall be removed and replaced with other approved materials and the labor shall be done anew to the satisfaction and approval of the Township Engineer at the cost and expense of the OWNER.
16. That, in addition to the obligations of OWNER set forth in Paragraph 14 hereof, OWNER agrees to reimburse TOWNSHIP within thirty (30) days after transmittal of a bill from TOWNSHIP, for necessary inspection, engineering and legal fees, plus ten (10%) percent of the amount of said bills for the costs of clerical and administrative work by TOWNSHIP as incurred during the process of the work. In default of payment of bills submitted pursuant of Paragraphs 14 and 16 hereof, within thirty (30) days as aforementioned, TOWNSHIP shall collect same from the Letter of Credit of BANK.
17. That OWNER agrees that TOWNSHIP does not accept any responsibility for the construction, repair or maintenance of any roadways, or other improvements, until such time as TOWNSHIP shall officially and legally accept the roadways as part of the public road system of TOWNSHIP. OWNER hereby assumes full and sole responsibility in connection with said improvements and the financial liability for all improvements of any kind whatsoever and the cost thereof.
18. That OWNER agrees that nothing contained herein shall be construed to waive any requirements of the Ordinances of TOWNSHIP, or the subdivision and land development regulations and nothing contained herein empowers the Zoning Officer or Building Inspector to waive any requirements with respect thereto.
19. TOWNSHIP agrees that as the work in connection with said improvements progresses, TOWNSHIP will allow BANK to reduce OWNER'S Letter of Credit by a specified amount upon certification by the Township and by Secretary of the Township (after approval by Supervisors of Township) as to the value of the work done. The form of such certification to be substantially as follows:
It is further agreed by TOWNSHIP and OWNER that reductions in said letter of Credit will be made at intervals of not less than thirty (30) days.
