Approval of Plans. 4.1 No Improvement shall be erected, placed, altered, maintained or permitted to remain on any land subject to these restrictions until plans and specifications showing plot layout, including parking and all exterior elevations, with materials and colors, have been submitted to and approved in writing by Declarant. Said approval shall be in addition to any approvals and/or permits required by the City of Menlo Park or any other legal entity having jurisdiction. Such plans and specifications shall be submitted in writing over the signature of the Owner of Lessee of the Site or his authorized agent. 4.2 Approval shall be based, among other things, on adequacy of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity of the plans and specifications to the purpose and general plan and intent of these restrictions. Declarant shall not arbitrarily or unreasonably withhold its approval of such plans and specifications . 4.3 If Declarant fails either to approve or to disapprove such plans and specifications within thirty (30) days after the same have been submitted to it, it shall be conclusively presumed that Declarant has approved said plans and specifications, subject, however, to the restrictions contained in ARTICLE III hereof. 4.4 Notwithstanding anything to the contrary herein contained, after the expiration of one year from the date of issuance of a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be in compliance with all provisions of this ARTICLE IV, unless actual notice of such non-compliance or non-completion executed by Declarant shall appear of record in the _____ of the County Recorder of San Mateo County, California, or unless legal proceedings shall have been instituted to enforce compliance or completion.
Appears in 2 contracts
Sources: Lease Agreement (Jetfax Inc), Lease Agreement (Jetfax Inc)
Approval of Plans. 4.1 No Improvement shall be erected, placed, altered, maintained or permitted to remain on any land subject to these restrictions until plans and specifications showing plot layout, including parking and all exterior elevations, with materials and colors, have been submitted to and approved in writing by Declarant. Said approval shall be in addition to any approvals and/or permits required by the City of Menlo Park or any other legal entity having jurisdiction. Such plans and specifications shall be submitted in writing over the signature of the Owner of Lessee of the Site or his authorized agent.
4.2 Approval shall be based, among other things, on adequacy of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity of the plans and specifications to the purpose and general plan and intent of these restrictions. Declarant shall not arbitrarily or unreasonably withhold its approval of such plans and specifications specifications.
4.3 If Declarant fails either to approve or to disapprove such plans and specifications within thirty (30) days after the same have been submitted to it, it shall be conclusively presumed that Declarant has approved said plans and specifications, subject, however, to the restrictions contained in ARTICLE III hereof.
4.4 Notwithstanding anything to the contrary herein contained, after the expiration of one year from the date of issuance of a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be in compliance with all provisions of this ARTICLE IV, unless actual notice of such non-compliance or non-completion executed by Declarant shall appear of record in the _____ office of the County Recorder of San Mateo County, California, or unless legal proceedings shall have been instituted to enforce compliance or completion.
Appears in 2 contracts
Sources: Lease Agreement (Conor Medsystems Inc), Assignment and Assumption of Lease (Nuance Communications)
Approval of Plans. 4.1 No Improvement 20.2.1. The Concessionaire shall as per the terms hereof submit to the Nodal Officer, appointed by theAuthority, the application containing:
a) Complete layout schemes and plans for the Project Site shown clearly (as required for approvalby the local authorities) in conformity with local bye-laws and Master Plan, if any;
b) The detailed plans, elevations, area statements, designs & specifications of MLCP Commercial Complex, Project Assetsetc to be constructed on the Project Site shall also conform to the Specification & Standards and provisions as per this Concession Agreement;
c) A construction phasing plan for the development of the MLCP and Commercial Complex, Project Assets etc to be constructed on the Project Site and a demolition plan for dismantling the existing structures thereon, if any. Any construction or demolition activity shall only commence after the receipt of approval for the same from the Authority through its Nodal Officer.
20.2.2. All plans/schemes/designs shall be erectedaccompanied by a certificate from a reputed professional architect/consultant and IIT/ NIT (as specified in the DPR) who shall also approve the structural designs of all MLCP and Commercial Complex, placedProject Assets etc to be constructed on the Project Site.
20.2.3. The Concessionaire shall, alteredat its own cost and as often as it may be called upon to do so, maintained or permitted to remain on amend ▇▇▇▇▇ any land subject to these restrictions until such plans and specifications showing plot layoutelevations and, including parking if so required, shall produce the same before the Authority and all exterior elevationsshall supply in such details, with materials and colorsas may be called for, have been submitted to and approved in writing by Declarant. Said approval shall be in addition to any approvals and/or permits required by the City of Menlo Park or any other legal entity having jurisdiction. Such plans plans, elevations and specifications shall be submitted in writing over for the signature of the Owner of Lessee of the Site or his authorized agent.
4.2 Approval shall be based, among other things, on adequacy of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity of the plans and specifications to the purpose and general plan and intent of these restrictions. Declarant shall not arbitrarily or unreasonably withhold its approval of such plans and specifications by the Authority.
4.3 If Declarant fails either 20.2.4. It is expressly clarified that the Concessionaire shall not be permitted to approve apply for approvals from municipal/local authorities or to disapprove such plans and specifications within thirty (30) days after the same have been submitted to it, it shall be conclusively presumed that Declarant has approved said plans and specifications, subject, however, commence any work in relation to the restrictions contained Project until it has obtained the approval of the Nodal Officer/ the Authority in ARTICLE III accordance with Article 20.2 hereof, and thereafter the Concessionaire shall not be permitted to make any alterations or additions to itsapproval plans without the prior approval in writing of the Nodal Officer/ the Authority.
4.4 Notwithstanding anything 20.2.5. No work physically shall commence without prior approval of Nodal Officer/ the Authority. The work of MLCP, Project Assets etc to be constructed on the Project Site shall not commence until approval of all concerned municipal/local authorities and Nodal Officer/ the Authority is obtained, except land development, fencing, site clearance, demolition of redundant structures etc. which can be permitted on express request of the Concessionaire.
20.2.6. The Concessionaire shall, as its cost and expense, be responsible for obtaining and maintaining allApplicable Permits which are required by Applicable Law to undertake the Project.
20.2.7. The Concessionaire shall duly submit a certified copy of all approvals/Applicable Permits received by it to the contrary herein contained, after the expiration of one year from the date of issuance of a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be in compliance with all provisions of this ARTICLE IV, unless actual notice of such non-compliance or non-completion executed by Declarant shall appear of record in the _____ of the County Recorder of San Mateo County, California, or unless legal proceedings shall have been instituted to enforce compliance or completionAuthority.
Appears in 2 contracts
Sources: Concession Agreement, Concession Agreement
Approval of Plans. 4.1 No Improvement All Tenant Improvements shall be erected, placed, altered, maintained or permitted completed pursuant to remain on any land subject to these restrictions until working plans and specifications showing plot layoutprepared by a duly registered architect employed by Tenant, including parking and all exterior elevations, with materials and colors, have been submitted to and approved at Tenant's sole expense. Any deficiency in writing by Declarant. Said approval design or construction shall be in addition to any approvals and/or permits required by the City Tenant's sole responsibility, regardless of Menlo Park or any other legal entity having jurisdiction. Such plans and specifications shall be submitted in writing over the signature of the Owner of Lessee of the Site or his authorized agent.
4.2 Approval shall be based, among other things, on adequacy of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity of the plans and specifications to the purpose and general plan and intent of these restrictions. Declarant shall not arbitrarily or unreasonably withhold its approval of whether such plans and specifications .
4.3 If Declarant fails either were previously approved by Landlord. Approval by Landlord of any of Tenant's drawings, plans, and specifications prepared in connection with any Tenant Improvements within the Premises shall not constitute a representation or warranty by Landlord as to approve the adequacy or sufficiency of such drawings, plans, and specifications, or the improvements to disapprove which they relate, for any use, purpose, or condition. Any such approval by Landlord shall merely be the consent of Landlord as required pursuant to this subparagraph. Landlord has made no representations as to the condition of the Premises, or the Building, or the need for Tenant to remodel, repair, or decorate. Prior to commencing the Tenant Improvements, Tenant shall submit plans and specifications for such Tenant Improvements to Landlord or its agent, for Landlord's written approval, which approval shall not unreasonably be withheld, and for which Landlord shall approve or disapprove within thirty (30) ten days after of submission of said documents by Tenant to Landlord. Landlord's approval of said plans and specifications may be contingent upon the same have been submitted removal of any or all of the Tenant Improvements from the Premises, and restoration of the Premises to it, it the condition existing prior to completion of the Tenant Improvements upon the expiration or earlier termination of the Lease. All Tenant Improvements to be performed and completed by Tenant shall be conclusively presumed that Declarant has performed in strict accordance with the approved said plans and specifications. Without Landlord's prior written consent, no Tenant Improvements shall be constructed, nor shall there be any deviation from the approved plans and specifications, subjectfor such Tenant Improvements. Unless designated to be removed as discussed in the Lease, howeverand excluding Tenant's trade fixtures, all Tenant Improvements (whether temporary or permanent in character, and including, but not limited to, all HVAC equipment and all other equipment that is in any manner connected to the restrictions contained Building's plumbing system) made in ARTICLE III hereof.
4.4 Notwithstanding anything to or upon the contrary herein containedPremises, after either by Landlord or Tenant, shall become Landlord's property at the expiration of one year from the date of issuance of a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be in compliance with all provisions of this ARTICLE IV, unless actual notice of such non-compliance or non-completion executed by Declarant shall appear of record in the _____ end of the County Recorder of San Mateo CountyLease, Californiaand shall remain on the Premises, or unless legal proceedings shall have been instituted without compensation to enforce compliance or completionTenant.
Appears in 2 contracts
Sources: Net Lease (Ebaseone Corp), Net Lease (Ebaseone Corp)
Approval of Plans. 4.1 No Improvement shall be erected, placed, altered, maintained or permitted to remain on any land subject to these restrictions until plans and specifications showing plot layout, including parking and all exterior elevations, with materials and colors, have been submitted to and approved in writing by Declarant. Said approval shall be in addition to any approvals and/or permits required by the City of Menlo Park or any other legal entity having jurisdiction. Such plans and specifications shall be submitted in writing over the signature of the Owner of Lessee of the Site site or his authorized agent.
4.2 Approval shall be based, among other things, on adequacy of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity of the plans and specifications to the purpose and general plan and intent of these restrictions. Declarant shall not arbitrarily or unreasonably withhold its approval of such plans and specifications specifications.
4.3 If Declarant fails either to approve or to disapprove such plans and specifications within thirty (30) days after the same have been submitted to it, it shall be conclusively presumed that Declarant has approved said plans and specifications, subject, however, to the restrictions contained in ARTICLE III hereof.
4.4 Notwithstanding anything to the contrary herein contained, after the expiration of one year from the date of issuance of a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be in compliance with all provisions of this ARTICLE IV, unless actual notice of such non-compliance or non-completion executed by Declarant shall appear of record in the _____ office of the County Recorder of San Mateo County, California, or unless legal proceedings shall have been instituted to enforce compliance or completion.
Appears in 1 contract
Approval of Plans. 4.1 No Improvement shall Any approval by Landlord of or consent by Landlord to any plans, specifications or other items to be erected, placed, altered, maintained or permitted to remain on any land subject to these restrictions until plans and specifications showing plot layout, including parking and all exterior elevations, with materials and colors, have been submitted to and approved in writing and/or reviewed by Declarant. Said approval Landlord pursuant to this Lease shall be in addition to any approvals and/or permits required by the City of Menlo Park or any other legal entity having jurisdiction. Such plans and specifications shall be submitted in writing over the signature of the Owner of Lessee of the Site or his authorized agent.
4.2 Approval shall be based, among other things, on adequacy of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity of the plans and specifications to the purpose and general plan and intent of these restrictions. Declarant shall not arbitrarily or unreasonably withhold its approval of such plans and specifications .
4.3 If Declarant fails either to approve or to disapprove such plans and specifications within thirty (30) days after the same have been submitted to it, it shall be conclusively presumed that Declarant has approved said plans and specifications, subject, however, to the restrictions contained in ARTICLE III hereof.
4.4 Notwithstanding anything to the contrary herein contained, after the expiration of one year from the date of issuance of a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be strictly limited to an acknowledgment of approval or consent by Landlord thereto and, whether or not the work is performed by Landlord or by Tenant's contractor, such approval or consent shall not constitute the assumption by landlord of any responsibility for the accuracy, sufficiency or feasibility of any plans, specifications or other such items and shall not imply any acknowledgment, representation or warranty by landlord that the design is safe, feasible, structurally sound or will comply with any legal or governmental requirements, and Tenant shall be responsible for all of the same. RESEARCH COURT HEAD▇▇▇▇▇▇.▇▇▇ EXHIBIT "C" - TENANT ACCEPTANCE AGREEMENT THIS AGREEMENT is an amendment to the Lease Agreement (the "Lease") for space in compliance with all provisions the office building known as RESEARCH COURT, located at 333 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇ted as of this ARTICLE IV, unless actual notice of such non-compliance or non-completion executed by Declarant shall appear of record in the _______ day of _______________1999, by and between AJ PARTNERS LIMITED PARTNERSHIP, AN ILLINOIS LIMITED PARTNERSHIP, as Landlord, and HEAD▇▇▇▇▇▇.▇▇▇, ▇▇ Tenant. Pursuant to the provisions of Paragraph 2 of the County Recorder Lease, Landlord and Tenant hereby mutually agree that:
1. Except for those items shown on the attached "Punch List," which Landlord will remedy within _________ days hereof, Landlord has fully completed the construction work required under the terms of San Mateo Countythe Lease.
2. Tenant is in possession of, Californiaand has accepted the Premises. The Premises are tenantable, or unless legal proceedings the Landlord has no further obligation for construction (except as specified above), and Tenant acknowledges that both the Building and the Premises are satisfactory in all respects except for any latent defects for which Landlord shall be and remain responsible. All conditions of the Lease required of Landlord as of this date have been instituted fulfilled (except as specified above), and there are no defenses or setoffs against the enforcement of the Lease by Landlord.
3. The Commencement Date of the Lease is hereby agreed to enforce compliance or completionbe the ______ day of __________________, 1999.
Appears in 1 contract
Sources: Lease Agreement (Headhunter Net Inc)
Approval of Plans. 4.1 No Improvement shall be erected, placed, altered, maintained or permitted to remain on any land subject to these restrictions until plans and specifications showing plot layout, including parking and all exterior elevations, with materials and colors, have been submitted to and approved in writing by Declarant. Said approval shall be in addition to any approvals and/or permits required by the City of Menlo Park or any other legal entity having jurisdiction. Such plans and specifications shall be submitted in writing over the signature of the Owner of Lessee of the Site or his authorized agent.
4.2 Approval shall be based, among other things, on adequacy of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity of the plans and specifications to the purpose and general plan and intent of these restrictions. Declarant shall not arbitrarily or unreasonably withhold its approval of such plans and specifications specifications.
4.3 If Declarant fails either to approve or to disapprove such plans and specifications within thirty (30) days after the same have been submitted to it, it shall be conclusively presumed that Declarant has approved said plans and specifications, subject, subject however, to the restrictions contained in ARTICLE III hereof.
4.4 Notwithstanding anything to the contrary herein contained, after the expiration of one year from the date of issuance of a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be in compliance with all provisions of this ARTICLE IV, unless actual notice of such non-compliance or non-completion executed by Declarant shall appear of record in the _____ office of the County Recorder of San Mateo County, California, or unless legal proceedings shall have been instituted to enforce compliance or completion.
Appears in 1 contract
Approval of Plans. 4.1 No Improvement shall be erectedSUBCONTRACTING APPROVAL OF PLANS
5.1. In respect of all Plans required for the completion of the works envisaged by this Contract, placed, altered, maintained or permitted to remain on any land subject to these restrictions until plans and specifications showing plot layout, including parking and all exterior elevations, with materials and colors, have been submitted to and approved in writing by Declarant. Said approval shall be in addition to any approvals and/or permits required by the City of Menlo Park or any other legal entity having jurisdiction. Such plans and specifications same shall be submitted to the Purchaser in writing over four copies as soon as possible following their production. The Purchaser shall, within fourteen (14) Calendar Days after receipt thereof, return to the signature Builder one copy of such Plans with the Owner Purchaser's approval or the Purchaser's remarks and amendments (if any) written thereon. The approval of Lessee plans by the Purchaser shall not relieve the Builder of the Site or his authorized agentany of its obligations under this contract.
4.2 Approval 5.2. In the event that the Purchaser shall be based, among other things, on adequacy of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect fail to nearby streets; and conformity of return the plans and specifications Plans to the purpose and general plan and intent of these restrictions. Declarant Builder within the time limit as hereinabove provided, such Plans shall not arbitrarily or unreasonably withhold its approval of such plans and specifications .
4.3 If Declarant fails either to approve or to disapprove such plans and specifications within thirty (30) days after the same have been submitted to it, it shall be conclusively presumed that Declarant has approved said plans and specifications, subject, however, to the restrictions contained in ARTICLE III hereof.
4.4 Notwithstanding anything to the contrary herein contained, after the expiration of one year from the date of issuance of a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be have been approved without comment.
5.3. The Builder shall take due note of the Purchaser's remarks and amendments (if any) on Plans submitted pursuant to this Clause and, if such remarks or amendments are not of such a nature or extent as to constitute modifications of the Specifications within the meaning of Clause 7 hereof, then the Builder shall commence or continue construction of the Vessel in compliance accordance with the corrected or amended Plans. If such remarks or amendments are not clearly specified or detailed, the Builder shall in all cases seek clarification of the same from the Purchaser before implementing the same.
5.4. Copies of all correspondence to and from the Classification Society and the regulatory authorities referred to in the Specifications, together with all provisions of this ARTICLE IVPlans approved by the Classification Society, unless actual notice of such non-compliance or non-completion executed shall be furnished to the Purchaser by Declarant shall appear of record the Builder as soon as practicable upon dispatch and receipt. SUBCONTRACTING
5.5. Save as regards those works delegated to those Subcontractors defined in the _____ Makers' List, the Builder shall not, without the Purchaser's prior approval in writing, subcontract any part of the County Recorder works contemplated by this Contract which exceed in value US $ 100,000 or its equivalent in local currency. Where such approval has been given, the Builder shall nevertheless remain fully responsible for the performance of San Mateo County, California, or unless legal proceedings shall have been instituted to enforce compliance or completionthe same as if it had personally undertaken such works.
Appears in 1 contract
Approval of Plans. 4.1 No Improvement shall be erectedSUBCONTRACTING APPROVAL OF PLANS
5.1. In respect of all Plans required for the completion of the works envisaged by this Contract, placed, altered, maintained or permitted to remain on any land subject to these restrictions until plans and specifications showing plot layout, including parking and all exterior elevations, with materials and colors, have been submitted to and approved in writing by Declarant. Said approval shall be in addition to any approvals and/or permits required by the City of Menlo Park or any other legal entity having jurisdiction. Such plans and specifications same shall be submitted to the Purchaser in writing over four copies as soon as possible following their production. The Purchaser shall, within ten (10) Working Days after receipt thereof, return to the signature Builder one copy of such Plans with the Purchaser's approval or the Purchaser's remarks and amendments (if any) written thereon.
5.2. Should the Builder elect to enter into a subcontract to purchase the detail engineering with a Shipyard also contracted with the Purchaser who is constructing a vessel of the Owner of Lessee of same design and in the Site event that Purchaser elects to remark or his authorized agent.
4.2 Approval comment previously approved drawings, such remarks or amendments shall be based, among other things, on adequacy dealt with under the modification procedure within the meaning of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity of the plans and specifications to the purpose and general plan and intent of these restrictions. Declarant shall not arbitrarily or unreasonably withhold its approval of such plans and specifications .
4.3 If Declarant fails either to approve or to disapprove such plans and specifications within thirty (30) days after the same have been submitted to it, it shall be conclusively presumed that Declarant has approved said plans and specifications, subject, however, to the restrictions contained in ARTICLE III clause 7 hereof.
4.4 Notwithstanding anything 5.3. In the event that the Purchaser shall fail to return the Plans to the contrary herein containedBuilder within the time limit as hereinabove provided, after the expiration of one year from the date of issuance of a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, such Plans shall be deemed to be have been approved without comment.
5.4. The Builder shall take due note of the Purchaser's remarks and amendments (if any) on Plans submitted pursuant to this Clause and, if such remarks or amendments are not of such a nature or extent as to constitute a modification within the meaning of Clause 7 hereof, then the Builder shall commence or continue construction of the Vessel in compliance accordance with the corrected or amended Plans. If such remarks or amendments are not clearly specified or detailed, the Builder shall in all cases seek clarification of the same from the Purchaser before implementing the same.
5.5. Copies of all correspondence to and from the Classification Society and the regulatory authorities referred to in the Specifications, together with all provisions of this ARTICLE IVPlans approved by the Classification Society, unless actual notice of such non-compliance or non-completion executed shall be furnished to the Purchaser by Declarant shall appear of record the Builder as soon as practicable upon dispatch and receipt. SUBCONTRACTING
5.6. Save as regards those works delegated to those Subcontractors defined in the _____ Makers' List, the Builder shall not, without the Purchaser's prior approval in writing , which shall not be unreasonably with held, subcontract any part of the County Recorder works contemplated by this Contract which exceed in value US $ 100,000 or its equivalent in local currency. Where such approval has been given, the Builder shall nevertheless remain fully responsible for the performance of San Mateo County, California, or unless legal proceedings shall have been instituted to enforce compliance or completionthe same as if it had personally undertaken such works.
Appears in 1 contract
Approval of Plans. 4.1 (a) No Improvement construction, reconstruction, remodeling, alteration, or addition or of to any structure, building, fence, wall, drive, or improvement of any nature shall be erectedconstructed without obtaining prior written approval of Developer as to the location, placedplans, altered, maintained or permitted to remain on any land subject to these restrictions until plans and specifications showing plot layouttherefore. As a prerequisite to consideration for approval, including parking and all exterior elevationsprior to the commencement of the contemplated work, with materials and colors, have been submitted to and approved in writing by Declarant. Said approval shall be in addition to any approvals and/or permits required by the City two (2) complete sets of Menlo Park or any other legal entity having jurisdiction. Such building plans and specifications shall be submitted in writing over the signature of the Owner of Lessee of the Site or his authorized agent.
4.2 Approval submitted. Developer shall be based, among other things, on adequacy of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity of the plans and specifications to the purpose and general plan and intent of these restrictions. Declarant shall not arbitrarily or unreasonably withhold its approval sole arbiter of such plans and specifications may withhold its approval for any reasons, including purely aesthetic reasons. It is expressly acknowledged that construction undertaken by Developer shall be conclusively deemed to comply with the foregoing. Upon giving approval, construction shall be started and prosecuted to completion promptly and in strict conformity with such plans.
4.3 If Declarant (b) At such time as Developer divests itself of all Lots within the development, the right of approval of plans for further construction, reconstruction, remodeling, alterations, and additions shall thereafter vest exclusively in the Association and in its Board of Directors, or such committees of the Association as shall be appointed by its Board of Directors.
(c) Developer, the Association and the individual members thereof shall not be liable for any act or omission in performing or purporting to perform the functions delegated thereunder. In the event that Developer or the Association fails either to approve indicate its approval or to disapprove such plans and specifications disapproval within thirty (30) days after the same receipt of the required documents, approval will not be required and the related covenant set out herein shall be deemed to have been submitted fully satisfied. Approval or disapproval by Developer or the Association shall not be deemed to itconstitute any warranty or representation by it including, without limitation, any warranty or representation as to fitness, design or adequacy of the proposed construction or compliance with applicable statutes, codes and regulations. Anything contained in this paragraph 3.2 or elsewhere in this declaration to the contrary notwithstanding, Developer and the Association are hereby authorized and empowered, at their sole and absolute discretion, to make and permit reasonable modifications or deviations from any of the requirements of this Declaration relating to the type, kind, quantity or quality of the building materials to be used in the construction of any building or improvement on any Lot and of the size and location of any such building or improvement when, in their sole and final judgment, such modifications and deviations in such improvements will go in harmony with existing structures and will not materially detract from the aesthetic appearance of the Properties and the improvements as a whole; provided, however, such modifications and deviations must remain within all applicable ordinances and regulations established by ▇▇▇▇ County Commission. Developer or the Association, as the case may be, may require the submission to it of such documents and items, including as examples, but without limitation, written requests for and description of the variances requested, plans, specifications, plot plans and samples of material(s), as either of them shall deem appropriate, in connection with its consideration of a request for a variance. If Developer or the Association shall approve such request for a variance, it shall evidence such approval, and grant its permission for such variance, only by written instrument, addressed to the Owner of the Lot(s) relative to which such variance has been requested, describing the applicable restrictive covenant(s) and the particular variance requested, expressing its decision to permit the variance, describing (when applicable) the conditions on which the variance has been approved (including as examples, but without limitation, the type of alternate materials to be conclusively presumed that Declarant has permitted, and alternate fence height approved said or specifying the location, plans and specificationsspecifications applicable to an approved outbuilding), subjectand signed by Developer of the Association, however, to as the restrictions contained in ARTICLE III hereof.
4.4 Notwithstanding anything to the contrary herein contained, after the expiration of one year from the date of issuance of case may be. Any request for a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, variance shall be deemed to be have been disapproved for the purposed hereof in compliance with all provisions the event of this ARTICLE IV, unless actual either (I) written notice of such non-compliance disapproval from Developer or non-completion executed the Association. (II) failure by Declarant developer or the Association to respond to the request for variance. In the event Developer or the Association or any successor to the authority thereof shall appear of record in not then be functioning, no variances from the _____ covenants herein contained shall be permitted, it being the intention of the County Recorder Developer that no variances be available except at its discretion or that of San Mateo County, California, or unless legal proceedings the Association. Neither Developer nor the Association shall have been instituted the authority to enforce compliance or completionapprove any variance except as expressly provided in this Declaration.
Appears in 1 contract
Sources: Restrictive Covenants
Approval of Plans. 4.1 (a) No Improvement construction, reconstruction, remodeling, alteration, or addition of or to any structure, building, fence, wall, drive, or improvement of any nature shall be erectedconstructed without obtaining prior written approval of a confidential Architectural Committee composed of three (3) members as to the location, placedplans, altered, maintained or permitted to remain on any land subject to these restrictions until plans and specifications showing plot layouttherefore. Prior to the Transfer of Control, including parking the Developer shall appoint the members of the Architectural Committee, and all exterior elevations, with materials and colors, have been submitted subsequent to and approved in writing by Declarant. Said approval the Transfer of Control the members of such Committee shall be in addition to any approvals and/or permits required appointed by the City Board of Menlo Park Directors of the Association. As a prerequisite to consideration for approval, and prior to the commencement of the contemplated work, a Lot Owner shall submit to the Developer, or any the Association's managing agent, as the case may be, such plans, specifications, and other legal entity having jurisdictioninformation concerning the proposed improvement as the Architectural Committee may require from time to time as a condition for its review and approval thereof accompanied with such fee as the Association may require, and the Developer or such managing agent shall submit the same to the Architectural Committee for approval. Such All plans of proposed residences to be constructed in The Peninsula shall conform to the standards set forth in subparagraph (b) below, and specifications the Architectural Committee shall be submitted in writing over the signature of the Owner of Lessee of the Site or his authorized agent.
4.2 Approval shall be based, among other things, on adequacy of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity of the plans and specifications to the purpose and general plan and intent of these restrictions. Declarant shall not arbitrarily or unreasonably withhold its approval sole arbiter of such plans and specifications may withhold its approval for any reason, including purely aesthetic reasons. Upon approval being given, construction shall be started and prosecuted to completion promptly and in' strict conformity with such plans, otherwise the approval shall be void. A reasonable fee may be charged by the Association 10 defray its costs incurred in considering and acting upon such proposed plans and specifications.
4.3 If Declarant (b) Residences to be constructed within The Peninsula shall be sufficiently compatible with existing architectural styles that predominate in the development to assure a pleasing overall appearance and maintain its image as a high quality, single family, residential neighborhood. Existing structures will be considered but do not, as such, constitute precedent nor assure approval.
(c) Developer, the Architectural Committee, the Association and the individual members thereof shall not be liable for any act or omission in performing or purporting to perform the functions delegated hereunder. In the event that Developer or the Association fails either to approve indicate its approval or to disapprove such plans and specifications disapproval within thirty (30) days after alter the same receipt of the required documents, approval will not be required and the related covenants set out herein shall be deemed to have been submitted fully satisfied. Approval or disapproval by Developer or the Association shall not be deemed 'to itconstitute any warranty or representation by it including, it shall without limitation, any warranty or representation as to fitness, design or adequacy of the proposed construction or compliance with applicable statutes, codes and regulations. Anything contained in this paragraph 3.2, or elsewhere in this Declaration to the contrary notwithstanding, Developer and the Association are hereby authorized and empowered, at their sole and absolute discretion, to make and permit reasonable modifications or deviations from any of the requirements of this Declaration relating to the type, kind, quantity or quality of the building materials to be conclusively presumed that Declarant has approved said plans used in the construction of any building or improvement on any Lot and specificationsof the size and location of any such building or improvement when, subjectin their sole and final judgment, such modifications and deviations in such improvements will he in harmony with existing structures and will not materially detract from the aesthetic appearance of the Properties and the improvements as a whole; provided, however, such modifications and deviations must remain within all applicable ordinances and regulations established by the Davidson County Planning Commission. Book 9564 pc 700 Developer or the Association, as the case may be, may require the submission to it of such documents and items, including as examples, but without limitation, written requests for and description of the variances requested, plans, specifications, plot plans and samples of material(s), as either of them shall deem appropriate, in connection with its consideration of a request for a variance. If Developer or the Association shall approve such request for a variance it shall evidence such approval, and grant its permission for such variance, only by written instrument, addressed to the restrictions contained in ARTICLE III hereof.
4.4 Notwithstanding anything Owner of the Lot(s) relative to which such variance has been requested, describing the contrary herein containedapplicable restrictive covenant(s) and the particular variance requested, after expressing its decision to permit the expiration variance, describing (when applicable) the conditions on which the variance has been approved (including as examples, but without limitation, the type of one year from alternate materials to be permitted, and alternate fence height approved or specifying the date of issuance of location, plans and specifications applicable to an approved outbuilding) and signed by Developer or the Association) as the case may be. Any request for a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, variance shall be deemed to be have been disapproved for the purposes hereof in compliance with all provisions the event of this ARTICLE IV, unless actual either (i) written notice of such non-compliance disapproval from Developer or non-completion executed the Association or (ii) failure by Declarant Developer or the Association to respond to the request for variance. In the event Developer or the Association or any successor to the authority thereof shall appear not then be functioning, no variances from the covenants herein contained shall be permitted, it being the intention of record in the _____ Developer that no variances be available except at its discretion or that of the County Recorder of San Mateo County, California, or unless legal proceedings Association. Neither Developer nor the Association shall have been instituted the authority to enforce compliance or completionapprove any variance except as expressly provided in this Declaration.
Appears in 1 contract
Sources: Declaration of Restrictive Covenants
Approval of Plans. 4.1 No Improvement Within ten days after execution of this Lease by both parties hereto, Tenant shall prepare and submit to Landlord preliminary plans, specifications and working drawings for the Tenant Improvements which Tenant desires Landlord to Construct on the Premises. Tenant shall select the architect and engineers required for the design of the Tenant Improvements, which selection shall be erected, placed, altered, maintained or permitted to remain on any land subject to these restrictions until plans the reasonable approval of Landlord, As soon as the final plans, specifications and specifications showing plot layoutworking drawings are completed, including parking Tenant shall deliver the same to Landlord for its approval, which shall not be unreasonably withheld, and all exterior elevations, with materials and colors, have been submitted to and approved in writing by Declarant. Said approval which shall be in addition based solely upon whether such final plans are consistent with the preliminary plans. In all events, the parties shall use their best efforts to any approvals and/or permits required by the City of Menlo Park or any other legal entity having jurisdiction. Such reach agreement so that such plans and specifications shall may be submitted in writing over the signature of the Owner of Lessee of the Site or his authorized agent.
4.2 Approval shall be based, among other things, on adequacy of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity of the plans and specifications to the purpose and general plan and intent of these restrictions. Declarant shall not arbitrarily or unreasonably withhold its for governmental approval within seven (7) days from submission of such plans to Landlord for its approval. If Landlord and specifications .
4.3 If Declarant fails either to approve or to disapprove Tenant agree on such plans plans, they shall indicate their approval thereof by initialing and specifications within thirty (30) days after dating the same have been submitted to it, it and a copy of the final Tenant Improvements plans shall be conclusively presumed that Declarant has approved said attached hereto as Exhibit "B" and shall become a part hereof. Tenant shall submit such final plans, specifications and working drawings to all appropriate governmental agencies for approval. Concurrently with its submission of final plans to governmental agencies, Tenant shall obtain a bid for the construction of the improvements contemplated by such final plans and specifications. Immediately following receipt of such bid, subject, however, Tenant shall deliver a copy to the restrictions contained in ARTICLE III hereof.
4.4 Notwithstanding anything to the contrary herein contained, after the expiration of one year from the date of issuance of a building permit by municipal or other governmental authority Landlord for any Improvement, said Improvement shall, in favor of purchasers its review and encumbrancers in good faith and for value, approval. Such bid shall be deemed approved by Tenant if Tenant does not object thereto within ten (10) days thereafter. Tenant shall notify Landlord of any changes required by any governmental agencies, and Landlord shall have seven (7) days thereafter to indicate its approval thereof. All such changes required by governmental agencies shall be in compliance with all provisions of this ARTICLE IV, deemed acceptable to Landlord unless actual notice of such non-compliance or non-completion executed by Declarant shall appear of record in the _____ Tenant's use of the County Recorder of San Mateo CountyPremises is materially impaired or modified thereby. The final plans, Californiaspecifications and working drawings as approved, or unless legal proceedings and all change orders specifically permitted pursuant to Subparagraph (c) below, shall have been instituted be referred to enforce compliance or completionherein as the "Approved Plans".
Appears in 1 contract
Approval of Plans. 4.1 No Improvement Nothing shall be erected, placed, altered, maintained or permitted to remain on any land subject to these restrictions until plans and specifications showing plot layout, including parking and all exterior elevations, with materials and colors, have been submitted to and approved in writing by Declarant. Said approval shall be in addition to any approvals and/or permits required done by the City Tenant in furtherance of Menlo Park or any other legal entity having jurisdiction. Such plans and specifications shall be submitted in writing over the signature portion of the Owner of Lessee Work unless and until the Landlord's Representative has approved all of the Site or his authorized agent.
4.2 Approval shall be based, among other things, on adequacy of Site dimensions, adequacy of structural design, conformity and harmony of external design Plans associated with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity that portion of the plans and specifications to the purpose and general plan and intent of these restrictionsWork. Declarant shall Landlord's Representative will not arbitrarily or unreasonably withhold condition or delay its approval of such plans and specifications .
4.3 the preliminary Plans or the construction Plans. If Declarant fails either to Landlord's Representative does not approve or respond with comments to disapprove such plans and specifications any submission by Tenant of the preliminary Plans or construction Plans or any revisions thereof within thirty seven (307) business days after receiving the same same, Landlord's Representative will be deemed to have been approved such preliminary Plans or construction Plans as submitted to it, it shall by Tenant. Any disapproval or conditional approval by Landlord's Representative of any proposed preliminary Plans or construction Plans will be conclusively presumed that Declarant has approved said plans and specifications, subject, however, accompanied by written reasons for such disapproval or conditional approval. In the event either Party provides written notice of objection to the restrictions contained in ARTICLE III hereof.
4.4 Notwithstanding anything preliminary Plans or the construction Plans, then Landlord, Tenant, their Representatives and the Architect shall cooperate as necessary to reach agreement regarding any outstanding changes. The Architect shall prepare a revised draft of the preliminary Plans or the construction Plans, as the case may be, as soon as reasonably possible and submit a revised draft thereof to Landlord's Representative and Tenant's Representative for approval. The same procedures and deadlines for review and approval by Landlord's Representative and Tenant's Representative shall apply to the contrary herein containedrevised draft. After approval by Landlord's Representative of the construction Plans, after Tenant's Representative shall submit the expiration of one year from drawings to the date of appropriate governmental authority for plan review and issuance of a building permit and any other applicable governmental approvals. All permit and processing fees shall be paid by municipal or other governmental authority for any ImprovementTenant, said subject to reimbursement from the Tenant Improvement shall, in favor of purchasers Allowances. Landlord will provide at Tenant's expense all assistance reasonably requested by Tenant to obtain proper permits and encumbrancers in good faith and for value, be deemed to be in compliance with all provisions of this ARTICLE IV, unless actual notice of such non-compliance or non-completion executed by Declarant shall appear of record in the _____ of the County Recorder of San Mateo County, California, or unless legal proceedings shall have been instituted to enforce compliance or completionapprovals.
Appears in 1 contract
Sources: Commercial Lease (Startek Inc)
Approval of Plans. 4.1 No Improvement Prior to commencing any work on the Site in connection with the construction of Facilities (whether initial installation or a subsequent material alteration), Licensee shall be erectedobtain Licensor's approval of (a) Licensee's plans for all site and construction work, placedincluding access and laydown, alteredand any alterations, maintained modifications or permitted to remain impacts on any land subject to these restrictions until plans and specifications showing plot layout, including parking and all exterior elevations, with materials and colors, have been submitted to and approved in writing by Declarant. Said approval shall be in addition to any approvals and/or permits required by the City of Menlo Park or any other legal entity having jurisdiction. Such plans and specifications shall be submitted in writing over the signature of the Owner of Lessee of structure existing on the Site or his authorized agent.
4.2 Approval the Premises, (b) the precise location of the Facilities at the Site, (c) the precise location of any utility connections to the Facilities at the Site and through the Premises. If Licensee proposes to install any portion of the Facilities on an existing structure, Licensor may require Licensee to submit a structural engineering analysis, prepared by a registered professional engineer, for Licensor's review and approval. Licensee may propose solutions to any structural problems identified in its analysis, which solutions Licensee is willing to implement at its cost; however, Licensor shall be basedunder no obligation to accept any such proposed solution. Licensor reserves the right to determine, among other thingsthrough its own analysis and operational requirements, that a particular structure requires replacement or modification as a condition to use by Licensee, in which case Licensee shall have the option of (a) paying for the cost (in whole or in part, as may be agreed to by Licensor) of such replacement or modification, or (b) selecting another Site. Nothing herein shall require Licensor to make any modifications to its structures to accommodate Licensee, where such modification would impose additional costs or operational constraints on adequacy Licensee's operations. Licensor in its discretion may require that a representative of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity Licensor be present during the construction of the plans and specifications to Facility, or that such representative make periodic inspections of the purpose and general plan and intent progress of these restrictionsthe construction work. Declarant Licensor shall not arbitrarily or unreasonably withhold or delay its approval consent to Licensee's plans; however, depending on the Licensor's own operational needs at the particular Premises and the Site, Licensor may impose reasonable requirements in order to ensure electrical system reliability and to minimize or avoid potential adverse effect on Licensor's Business, which Licensee acknowledges are a matter of public health and safety. Any alterations or modifications to a structure existing on the Site must be designed to Licensor's satisfaction by a licensed engineer at Licensee's sole cost and expense. Licensor, in its discretion, may require independent engineering review of Licensee's alterations or modifications, and such plans and specifications .
4.3 If Declarant fails either to approve or to disapprove such plans and specifications within thirty (30) days after the same have been submitted to it, it independent review shall be conclusively presumed that Declarant has approved said plans and specifications, subject, however, to the restrictions contained in ARTICLE III hereofat Licensee's cost.
4.4 Notwithstanding anything to the contrary herein contained, after the expiration of one year from the date of issuance of a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be in compliance with all provisions of this ARTICLE IV, unless actual notice of such non-compliance or non-completion executed by Declarant shall appear of record in the _____ of the County Recorder of San Mateo County, California, or unless legal proceedings shall have been instituted to enforce compliance or completion.
Appears in 1 contract
Sources: License Agreement (RCN Corp /De/)
Approval of Plans. 4.1 No Improvement shall be erected, placed, altered, maintained or permitted to remain on any land subject to these restrictions until plans and specifications showing plot layout, including parking and all exterior elevations, with materials and colors, have been submitted to and approved in writing by Declarant. Said approval shall be in addition to any approvals and/or permits required by the City of Menlo Park or any other legal entity having jurisdiction. Such plans and specifications shall be submitted in writing over the signature of the Owner of Lessee of the Site or his authorized agent.
4.2 Approval shall be based, among other things, on adequacy of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity of the plans and specifications to the purpose and general plan and intent of these restrictions. Declarant shall not arbitrarily or unreasonably withhold its approval of such plans and specifications specifications.
4.3 If Declarant fails either to approve or to disapprove such plans and specifications within thirty (30) days after the same have been submitted to it, it shall be conclusively presumed that Declarant has approved said plans and specifications, subject, however, to the restrictions contained in ARTICLE III hereof.
4.4 Notwithstanding anything to the contrary herein contained, after the expiration of one year from the date of issuance of a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be in compliance with all provisions of this ARTICLE IV, unless actual notice of such non-compliance noncompliance or non-completion executed by Declarant shall appear of record in the _____ office of the County Recorder of San Mateo County, California, or unless legal proceedings shall have been instituted to enforce compliance or completion.
Appears in 1 contract
Approval of Plans. 4.1 No Improvement Prior to commencing any work on the Site in connection with the construction of Facilities (whether initial installation or a subsequent material alteration), Licensee shall be erectedobtain Licensor's approval of (a) Licensee's plans for all site and construction work, placedincluding access and laydown, alteredand any alterations, maintained modifications or permitted to remain impacts on any land subject to these restrictions until plans and specifications showing plot layout, including parking and all exterior elevations, with materials and colors, have been submitted to and approved in writing by Declarant. Said approval shall be in addition to any approvals and/or permits required by the City of Menlo Park or any other legal entity having jurisdiction. Such plans and specifications shall be submitted in writing over the signature of the Owner of Lessee of structure existing on the Site or his authorized agent.
4.2 Approval the Premises, (b) the precise location of the Facilities at the Site, (c) the precise location of any utility connections to the Facilities at the Site and through the Premises. If Licensee proposes to install any portion of the Facilities on an existing structure, Licensor may require Licensee to submit a structural engineering analysis, prepared by a registered professional engineer, for Licensor's review and approval. Licensee may propose solutions to any structural problems identified in its analysis, which solutions Licensee is willing to implement at its cost; however, Licensor shall be basedunder no obligation to accept any such proposed solution. Licensor reserves the right to determine, among other thingsthrough its own analysis and operational requirements, that a particular structure requires replacement or modification as a condition to use by Licensee, in case Licensee shall have the option of (a) paying for the cost (in whole or in part, as may be agreed to by Licensor) of such replacement or modification, or (b) selecting another Site. Nothing herein shall require Licensor to make any modifications to its structures to accommodate Licensee, where such modification would impose additional costs or operational constraints on adequacy Licensee's operations. Licensor in its discretion may require that a representative of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity Licensor be present during the construction of the plans and specifications to Facility, or that such representative make periodic inspections of the purpose and general plan and intent progress of these restrictionsthe construction work. Declarant Licensor shall not arbitrarily or unreasonably withhold or delay its approval consent to Licensee's plans; however, depending on the Licensor's own operational needs at the particular Premises and the Site, Licensor may impose reasonable requirements in order to ensure electrical system reliability and to minimize or avoid potential adverse effect on Licensor's Business, which Licensee acknowledges are a matter of public health and safety. Any alterations or modifications to a structure existing on the Site must be designed to Licensor's satisfaction by a licensed engineer at Licensee's sole cost and expense. Licensor, in its discretion, may require independent engineering review of Licensee's alterations or modifications, and such plans and specifications .
4.3 If Declarant fails either to approve or to disapprove such plans and specifications within thirty (30) days after the same have been submitted to it, it independent review shall be conclusively presumed that Declarant has approved said plans and specifications, subject, however, to the restrictions contained in ARTICLE III hereofat Licensee's cost.
4.4 Notwithstanding anything to the contrary herein contained, after the expiration of one year from the date of issuance of a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be in compliance with all provisions of this ARTICLE IV, unless actual notice of such non-compliance or non-completion executed by Declarant shall appear of record in the _____ of the County Recorder of San Mateo County, California, or unless legal proceedings shall have been instituted to enforce compliance or completion.
Appears in 1 contract
Sources: License Agreement (Nstar/Ma)
Approval of Plans. 4.1 No Improvement Landlord shall have 12 15 days after receipt of the Plans from Tenant within which to review and approve them. If Landlord fails to notify 13 Tenant in writing within such 15-day period of Landlord's disapproval of the Plans, the Plans shall be erecteddeemed approved. 14 If Landlord notifies Tenant of Landlord's disapproval of the Plans within such 15-day period, placedthen Landlord shall advise 15 Tenant of the reasons for the disapproval and the items that must be modified, alteredwhereupon Landlord and Tenant shall meet 16 and confer so as to modify the plans to be acceptable to both Landlord and Tenant. If for any reason Landlord and Tenant 17 are unable to agree upon the Plans within 60 days of this date, maintained or permitted then upon written notice issued by either party to remain on the 18 other at any land subject time thereafter and prior to these restrictions until plans the approval of the Plans by both Landlord and specifications showing plot layoutTenant, including parking this Lease shall terminate 19 without further liability to either party. Upon approval of the Plans by Landlord and Tenant, Landlord promptly shall 20 submit the Plans to the Agency and all exterior elevationsother necessary governmental authorities and shall proceed diligently to 21 obtain all requisite governmental approvals. If modifica-tions are 22 required to obtain such governmental approvals, with materials and colors22 if such modifications are acceptable to Tenant, have been submitted to Tenant shall prepare such modifications and approved in writing by Declarant. Said approval the Plans shall be in addition resubmitted 23 by Landlord for governmental approval. If Tenant does not approve the modifications required for governmental approval 24 or such approval is not obtained within 90 days of this date, then at any time thereafter and prior to any approvals and/or permits required such approval, by the City of Menlo Park or any other legal entity having jurisdiction25 written notice to Landlord, Tenant may terminate this Lease. Such plans and specifications shall be submitted in writing over the signature of the Owner of Lessee of the Site or his authorized agent.
4.2 Approval shall be based, among other things, on adequacy of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity of the plans and specifications to the purpose and general plan and intent of these restrictions. Declarant Tenant shall not arbitrarily or unreasonably withhold its approval of such plans and specifications .
4.3 If Declarant fails either to 26 modifications, albeit if the aggregate cost of the modifications required for governmental approval exceeds 27 $50,000.00, Tenant may approve or to disapprove such plans and specifications within thirty (30) days after the same have been submitted to it, it shall be conclusively presumed that Declarant has approved said plans and specifications, subject, however, to the restrictions contained them in ARTICLE III hereof.
4.4 Notwithstanding anything to the contrary herein contained, after the expiration of one year from the date of issuance of a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be in compliance with all provisions of this ARTICLE IV, unless actual notice of such non-compliance or non-completion executed by Declarant shall appear of record in the _____ of the County Recorder of San Mateo County, California, or unless legal proceedings shall have been instituted to enforce compliance or completion.28 its sole discretion. 2.3
Appears in 1 contract
Sources: Lease Assignment and Assumption Agreement and Third Amendment of Lease (Chicago Pizza & Brewery Inc)
Approval of Plans. 4.1 (a) No Improvement construction, reconstruction, remodeling, alteration, or addition of or to any structure, building, fence, wall, drive, or improvement of any nature shall be erected, placed, altered, maintained or permitted to remain constructed on any land subject Lot without obtaining prior written approval of an Architectural Committee composed of three (3) members as to these restrictions until plans the location, plans, and specifications showing plot layouttherefor. Prior to the Transfer of Control, including parking the Developer shall appoint the members of the Architectural Committee, and all exterior elevations, with materials and colors, have been submitted subsequent to and approved in writing by Declarant. Said approval the Transfer of Control the members of such Committee shall be in addition to any approvals and/or permits required appointed by the City Board of Menlo Park Directors of the Association. As a prerequisite to consideration for approval, and prior to the commencement of the contemplated work, a Lot Owner shall submit to the Developer, or any the Association’s managing agent, as the case may be, such plans, specifications, and other legal entity having jurisdictioninformation concerning the proposed improvements as the Architectural Committee may require from time to time as a condition for its review and approval thereof accompanied with such fee as the Association may require, and the Developer or such managing agent shall submit the same to the Architectural Committee for approval. Such All plans of proposed residences to be constructed in the Subdivision shall conform to the standards set forth in subparagraph (b) below and specifications the restrictions and provisions contained in this Declaration, and the Architectural Committee shall be submitted in writing over the signature of the Owner of Lessee of the Site or his authorized agent.
4.2 Approval shall be based, among other things, on adequacy of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity of the plans and specifications to the purpose and general plan and intent of these restrictions. Declarant shall not arbitrarily or unreasonably withhold its approval sole arbiter of such plans and specifications may withhold its approval for any reason, including purely aesthetic reasons. Upon approval being given, construction shall be started and prosecuted to completion promptly and in strict conformity with such plans, otherwise the approval shall be void. A reasonable fee may be charged by the Association to defray its costs incurred in considering and acting upon such proposed plans and specifications.
4.3 If Declarant fails either (b) Residences to approve be constructed within the Subdivision shall be sufficiently compatible with existing architectural styles that predominate in the development to assure a pleasing overall appearance and maintain its image as a high quality, single family, residential neighborhood. Existing structures will be considered but do not, as such, constitute precedent nor assure approval.
(c) Developer, the Architectural Committee, the Association and the individual members thereof shall not be liable for any act or omission in performing or purporting to disapprove such perform the functions delegated hereunder. The Developer and/or the Association shall use their best efforts to indicate approval or disapproval of any plans and specifications submitted within thirty (30) days after the same have been submitted receipt of the required documents. Approval or disapproval by Developer or the Association shall not be deemed to itconstitute any warranty or representation by it including, without limitation, any warranty or representation as to fitness, design or adequacy of the proposed construction or compliance with applicable statutes, codes and regulations. Anything contained in this Section 2, or elsewhere in this Declaration to the contrary notwithstanding, Developer and the Association, and the Architectural Committee are hereby authorized and empowered, at their sole and absolute discretion, to make and permit reasonable modifications or deviations from any of the requirements of this Declaration relating to the type, kind, quantity or quality of the building materials to be used in the construction of any building or improvement on any Lot and of the size and location of any such building or improvement when, in their sole and final judgment, such modifications and deviations in such improvements will be in harmony with existing structures and will not materially detract from the aesthetic appearance of the Property and the improvements as a whole; provided, however, such modifications and deviations must remain within all applicable ordinances and regulations established by the City of Nolensville Planning Commission (and/or any other applicable governing authority). Developer or the Association, as the case may be, may require the submission to it of such documents and items, including as examples, but without limitation, written requests for and description of the variances requested, plans, specifications, plot plans and samples of material(s), as either of them shall deem appropriate, in connection with its consideration of a request for a variance. If Developer or the Association, or the Architectural Committee shall approve such request for a variance, it shall be conclusively presumed that Declarant has approved said plans evidence such approval, and specificationsgrant its permission for such variance, subjectonly by written instrument, however, addressed to the restrictions contained in ARTICLE III hereof.
4.4 Notwithstanding anything Owner of the Lot(s) relative to which such variance has been requested, describing the contrary herein containedapplicable restrictive covenant(s) and the particular variance requested, after expressing its decision to permit the expiration variance, describing (when applicable) the conditions on which the variance has been approved (including as examples, but without limitations, the type of one year from alternative materials to be permitted, and alternate fence height approved), and signed by Developer or the date of issuance of Association, as the case may be. Any request for a building permit by municipal or other governmental authority for any Improvement, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, variance shall be deemed to be have been disapproved for the purposes hereof in compliance with all provisions the event of this ARTICLE IV, unless actual either (i) written notice of such non-compliance disapproval from Developer or non-completion executed the Association or (ii) failure by Declarant Developer or the Association to respond to the request for variance. In the event Developer or the Association or any successor to the authority thereof shall appear not then be functioning, no variances from the covenants herein contained shall be permitted, it being the intention of record in the _____ Developer that no variances be available except at its discretion or that of the County Recorder of San Mateo County, California, Association or unless legal proceedings Architectural Committee. Neither Developer nor the Association shall have been instituted the authority to enforce compliance or completionapprove any variance except as expressly provided in this Declaration.
Appears in 1 contract
Sources: Declaration of Easements, Covenants, Conditions and Restrictions
Approval of Plans. 4.1 No Improvement Within ten (10) days after execution of this Lease by both parties hereto, Landlord shall prepare and submit to Tenant for Tenant's approval preliminary plans, specifications and working drawings for the Tenant Improvements which Tenant desires Landlord to construct on the Premises, and Tenant's approval shall not be unreasonably withheld. At such time as Tenant has approved the preliminary plans, specifications and working drawings, Landlord shall proceed with the preparation of the final plans, specifications and working drawings and shall deliver the same to Tenant for Tenant's approval, which shall not be unreasonably withheld, and which shall be erectedbased solely upon whether such final plans are consistent with the preliminary plans. Landlord shall concurrently deliver to Tenant the final plans, placedspecifications and working drawings for the Building Shell to Tenant for its review (but not approval). If Landlord and Tenant agree on such plans, alteredthey shall indicate their approval thereof by initialing and dating the same and shall become a part hereof. Landlord shall submit such final plans, maintained or permitted specifications and working drawings to remain on all appropriate governmental agencies for approval. Landlord shall notify Tenant of any land subject changes required by any governmental agencies, and Tenant shall have seven (7) days thereafter to these restrictions until plans indicate its approval thereof. All such changes required by governmental agencies shall be deemed acceptable to Tenant unless Tenant's use of the Premises is materially impaired thereby. The final plans, specifications and specifications showing plot layoutworking drawings as approved, including parking and all exterior elevationschange orders specifically permitted pursuant to Subparagraph (c) below, with materials and colors, have been submitted to and approved in writing by Declarant. Said approval shall be in addition referred to any approvals and/or permits required by herein as the City of Menlo Park or any other legal entity having jurisdiction. Such plans and specifications shall be submitted in writing over the signature "Approved Plans." Following governmental approval of the Owner of Lessee Approved -------------- Plans, Landlord shall promptly deliver to Tenant a copy of the Site or his authorized agent.
4.2 Approval shall be based, among other things, on adequacy of Site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring Improvements, effect of location and use of Improvements on neighboring Sites; proper facing of main elevation with respect to nearby streets; and conformity of the plans and specifications Approved Plans. Notwithstanding anything to the purpose and general plan and intent of these restrictions. Declarant shall not arbitrarily contrary contained herein or unreasonably withhold its approval of such plans and specifications .
4.3 If Declarant fails either in the Lease, in the event the parties, despite their good faith efforts, are unable to approve or to disapprove such plans and specifications agree upon Approved Plans within thirty (30) days after the same have been submitted to it, it shall be conclusively presumed that Declarant has approved said plans and specifications, subject, however, to the restrictions contained in ARTICLE III hereof.
4.4 Notwithstanding anything to the contrary herein contained, after the expiration of one year from the date of issuance of a building permit this Lease, then either party may terminate this Lease by municipal or other governmental authority for any Improvementwritten notice to the other, said Improvement shall, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be in compliance with all provisions of this ARTICLE IV, unless actual notice of such non-compliance or non-completion executed by Declarant shall appear of record in at which point the _____ of the County Recorder of San Mateo County, California, or unless legal proceedings parties shall have been instituted no further rights or obligations under the Lease other than pursuant to enforce compliance or completionthose provisions which expressly survive termination thereof.
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