east liberty station: realizing the potential - City of Pittsburgh

developer contemplated by the elTRID, the private developer hereby insert language with
regards to additional compliance with TIF Obligations.
4. Project Construction, Oversight and Completion.
(a) Duty of the private developer to Construct. The insert name Public
Improvements shall be constructed by or at the direction of the private developer in accordance
with the elTRID, this Development Agreement and the Construction Agreements. The private
developer represents to elTRIDRA and hereby agrees that the private developer shall: (i) oversee
the insert name Project to assure that the insert name Public Improvements are substantially
completed, lien free, on or before the Completion Date; (ii) cause the insert name Project to be
completed in accordance with the plans and specifications as have been approved by private
developer (the “Plans and Specifications”) and in accordance with the Project Budget attached
hereto as Exhibit C (the “Project Budget”); and (iii) insert brief description of improvements, to
be completed in accordance with State (PennDOT), County and local laws, regulations and
ordinances.
(b) Independent Contractor. The private developer is an independent
contractor and not the agent or employee of elTRIDRA. elTRIDRA shall not be responsible for
making any payments to any contractor, subcontractor, agent, consultant, employee or supplier
of the private developer.
(c) Inspections. The private developer shall inspect, or cause others to
inspect, the insert name Public Improvements as the work progresses and will keep elTRIDRA
advised as to such progress and will give such general supervision and management as may be
required to assure the construction and completion of the insert name Public Improvements in an
efficient and workmanlike manner in compliance with the plans and specifications and other
applicable laws and regulations. The parties acknowledge and agree that nothing in this Section
shall place any additional obligation on the private developer to submit any plans and
specifications to any governmental authorities or agencies, except as may otherwise be required
by the Construction Agreements.
5. Payment of Project Costs. This Development Agreement is for the funding by
elTRIDRA of the costs of the insert name Public Improvements, solely from the proceeds of the
sale of the 2012 TRID Note and other monies available for such purposes in the fund established
under the Indenture. This Development Agreement shall not involve the expenditure of, or an
encumbrance on, any other funds or monies of elTRIDA. Neither elTRIDRA nor the Trustee
shall be obligated to fund the costs of the insert name Public Improvements except from
amounts on deposit in the Construction Fund and Surplus Fund, and only upon condition that the
private developer has complied with all of the terms, conditions and provisions of this
Development Agreement. elTRIDRA makes no warranty, express or implied, that the proceeds
of the 2012 TRID Note deposited and held in the Construction Fund, any investment earnings
thereon deposited to the Construction Fund, or any other amounts held under the Indenture will
be sufficient for funding of all of the costs of the insert name Public Improvements. elTRIDRA
shall have no responsibility whatsoever to the private developer with respect to any investment
of funds made by the Trustee under the Indenture, including any loss of all or a portion of the
4