Common use of Building Permits and Certificates of Occupancy Clause in Contracts

Building Permits and Certificates of Occupancy. A. The Redeveloper shall not apply for and the City shall not issue a foundation or building permit for the construction of any Improvements to be erected on the Property prior to compliance with all of the applicable requirements of Article VII, unless so authorized by the Agency, in writing. B. The Redeveloper shall not apply for and the City shall not issue a certificate of occupancy (partial, temporary or permanent) for any Improvement erected on the Property or any portion thereof prior to the issuance of a Certificate of Completion or Partial Certificate of Completion by the Agency with respect to such Improvements in accordance with Article X hereof, unless so authorized by the Agency, in writing. C. Any foundation permit, building permit, or certificate of occupancy issued without the express written approval of the Agency shall be void and of no effect, and shall be surrendered to the Agency forthwith. No work shall be done on the construction of the Project unless such work conforms with the approved Construction Documents. If the Redeveloper shall fail to comply with the foregoing requirements with respect to the Project, the Agency may, after discovery thereof by the Agency, direct the Redeveloper in writing to modify or reconstruct such portion or portions of the Improvements that does not conform so that they conform with the approved Construction Documents and any modifications thereof approved by the Agency. The Redeveloper shall promptly comply with such a directive and shall not proceed further with the construction of the Project without written approval of the Agency. If the Redeveloper fails to comply with such a directive, the Agency may apply to a court of competent jurisdiction for an injunction or such other equitable relief compelling the Redeveloper to comply with such prior directive and, pending such compliance, the Redeveloper shall cease all construction activities pertaining to the Project.

Building Permits and Certificates of Occupancy. A. The Redeveloper shall not apply City agrees to issue to the Developer, upon application and approval, all required building permits, approvals or other required permits and Certificate of Completion for the construction, use and occupancy of the Phase I development subject to Developer’s compliance with all applicable codes, ordinances and regulations as the same may be modified by this Agreement and Site Plan. The City agrees to issue to Developer or the Phase II owner or lessee, as applicable, upon application and approval, all required building permits, approvals or other required permits and Certificate of Occupancy for the construction, use and occupancy of any principal building within Phase II subject to Phase II being in compliance with all applicable codes, ordinances, regulations as the same may be amended by this Agreement and the City Site Plan. Furthermore, those improvements shown in Exhibit “E” shall not issue be the only improvements required for the issuance of a foundation certificate of occupancy for any buildings within Phase II (“Phase II Improvements”). In no event shall the failure of the Developer to comply with the requirements of this Agreement or with any code provision, with respect to Phase I, hinder, delay, or interfere with the issuance of any permit, approval or Certificate of Occupancy for Phase II. Likewise, in no event shall the failure of Phase II to comply the requirements of this Agreement or any code provision hinder, delay, or interfere with the issuance of any permit, approval or Certificate of Occupancy for Phase I. The Developer shall file and submit for a building permit for the improvements to Phase I shown on the Site Plan no later than 5 working days after submittal by Developer’s lessee of an application for a building permit for Phase II, and shall thereafter commence construction of any Improvements to be erected on the Property prior to compliance with all Phase I improvements within 45 calendar days after issuance of the applicable requirements Phase II permit and Developer’s receipt of Article VII, unless so authorized by its Phase I permit and shall complete the Agency, in writing. B. The Redeveloper shall not apply for and the City shall not issue a certificate of occupancy (partial, temporary or permanent) for any Improvement erected on the Property or any portion thereof prior to Phase I improvements no later than 10 months after the issuance of a Certificate of Completion or Partial Certificate of Completion by the Agency with respect building permit for the Phase I improvements subject to such Improvements delays resulting from force majeure. Developer shall use commercially reasonable diligence in accordance with Article X hereof, unless so authorized by the Agency, in writing. C. Any foundation permit, building permit, or certificate of occupancy issued without the express written approval of the Agency shall be void and of no effect, and shall be surrendered obtaining its permit for Phase I as required herein. The City reserves its rights to the Agency forthwith. No work shall be done issue notices for code violations on the construction of the Project unless such work conforms with the approved Construction Documents. If the Redeveloper shall fail to comply with the foregoing requirements with respect to the Project, the Agency may, after discovery thereof by the Agency, direct the Redeveloper in writing to modify or reconstruct such portion or portions of the Improvements that does not conform so that they conform with the approved Construction Documents and any modifications thereof approved by the Agency. The Redeveloper shall promptly comply with such a directive and shall not proceed further with the construction of the Project without written approval of the Agency. If the Redeveloper fails to comply with such a directive, the Agency may apply to a court of competent jurisdiction for an injunction or such other equitable relief compelling the Redeveloper to comply with such prior directive and, pending such compliance, the Redeveloper shall cease all construction activities pertaining to the Projectproperty.