Common use of Certificate of Completion and Compliance Clause in Contracts

Certificate of Completion and Compliance. A. Upon the completion of construction of the Redevelopment Project, Company shall submit a report certifying that the Project Improvements contained therein have been completed in substantial accordance with the Plan, this Agreement, and the Legal Requirements and that the Project Improvements are in substantial compliance with all other provisions of this Agreement. Company shall, as part of the report, submit a certificate, certified by Company, certifying that to the best of Company's actual knowledge, the information contained therein is accurate, setting forth on an aggregate basis: (1) the total cost of completing the applicable Project Improvements; (2) Redevelopment Project Costs incurred which are eligible for reimbursement from TIF Revenue pursuant to this Agreement or which have been paid for or are to be funded or reimbursed; and (3) to the extent it is relevant to the reimbursement of interest, the actual private equity and debt used to complete the applicable Project Improvements. B. City may conduct an investigation, and if City determines that the Redevelopment Project has been completed in substantial accordance with the Plan, this Agreement, and the Legal Requirements as evidenced by a certificate of occupancy where appropriate, and that as of the date of Company's certification request, all of Company's duties pursuant to this Agreement have been performed, then the City shall issue a Certificate of Completion and Compliance for the Redevelopment Project. If City determines that the Redevelopment Project which is the subject of an investigation or review under this Section 10.B has not been completed in substantial accordance with the Plan, this Agreement or the Legal Requirements, or that Redevelopment Project Costs have not been incurred as certified, or that Company is not in substantial compliance with the terms of this Agreement, then the City shall not issue a Certificate of Completion and Compliance and shall specify in writing to Company the reason(s) for withholding such certification. Upon request of Company, City shall hold a hearing at which Company may present new and/or additional evidence. (1) The issuance of a Certificate of Completion and Compliance for a Redevelopment Project by City shall be a conclusive determination of the satisfaction of the covenants in this Agreement with respect to the obligations of Company to timely complete the Project Improvements within the Redevelopment Project, but shall not prevent City from future action in the event of any subsequent default by Company in the performance of any of its other obligations under this Agreement. (2) The certificate issued by the City shall contain a description of the real property affected thereby and shall be in such form as will enable it to be accepted for recording in the Office of the Recorder of Deeds for ▇▇▇▇▇▇ County, Missouri.

Certificate of Completion and Compliance. A. Upon the completion of construction the Project, as evidenced by the issuance of a Certificate of Occupancy for the residential component of the Redevelopment Project, Company the Redeveloper shall submit provide a report certifying that certification from an authorized representative of the Redeveloper and from the Redeveloper’s Project engineer and/or Project architect stating that: (a) construction and redevelopment of the residential component of the Project Improvements contained therein have has been substantially completed in substantial accordance with the final site plan; (b) all other facilities necessary in connection with the residential portion of the Project have been constructed or improved in accordance with the final site plan; (c) all improvements, and all equipment and components thereof, which are necessary for the full operation of the residential component of the Project have been installed to the Redeveloper’s satisfaction, and as so installed are suitable and sufficient for the efficient operation of the residential component of the Project for its intended purposes; (d) a Certificate of Occupancy, if required, and any other permissions required, if any, of governmental authorities or agencies having jurisdiction over the Project, for the occupancy and use of the residential component of the Project for the purposes contemplated by the Redevelopment Plan, this Agreement, and the Legal Requirements and that the Project Improvements are in substantial compliance with all other provisions of this Agreement. Company shall, as part of the report, submit a certificate, certified by Company, certifying that to the best of Company's actual knowledge, the information contained therein is accurate, setting forth on an aggregate basis: (1) the total cost of completing the applicable Project Improvements; (2) Redevelopment Project Costs incurred which are eligible for reimbursement from TIF Revenue pursuant to this Agreement or which have been paid for or are to be funded or reimbursedobtained; and (3e) to the extent it is relevant to the reimbursement of interest, the actual private equity and debt used to complete the applicable Project Improvements. B. City may conduct an investigation, and if City determines that the Redevelopment Project has been completed in substantial accordance with the Plan, this Agreement, and the Legal Requirements as evidenced by a certificate of occupancy where appropriate, and that as residential component of the date Project is complete and ready for use as intended and approved, upon which time the Redeveloper shall be entitled to receive a Certificate of Company's Completion and Compliance within thirty (30) days of Redeveloper’s submission of such certification. The Township shall review the Redeveloper’s certification request, all within thirty (30) days of Company's duties pursuant to this Agreement have been performed, then the City shall its submission and either (y) issue a Certificate of Completion and Compliance for Compliance, or (z) provide the Redevelopment Project. If City determines that Redeveloper with a written statement setting forth in detail each and every respect in which the Redevelopment Redeveloper has failed to complete the residential component of the Project which is the subject of an investigation or review under this Section 10.B has not been completed in substantial accordance with the Plan, provisions of this Agreement or and Government Approvals. Should the Legal Requirements, or that Redevelopment Project Costs have not been incurred as certified, or that Company is not in substantial compliance with the terms of this Agreement, then the City shall not Township fail to issue a Certificate of Completion and Compliance and shall specify in writing to Company Compliance, or written statement of noncompliance within thirty (30) days of the reason(s) for withholding such certification. Upon request of Company, City shall hold a hearing at which Company may present new and/or additional evidence. (1) The issuance submission of a certification by Redeveloper, the Certificate of Completion and Compliance for a Redevelopment Project by City shall be deemed issued. The Certificate of Completion and Compliance shall constitute a recordable conclusive determination of the satisfaction and termination of the agreements and covenants in this Agreement and in the Redevelopment Plan with respect to the obligations of Company Redeveloper’s obligation to timely complete construct the Project Improvements within the Redevelopment Project, but shall not prevent City from future action in the event of any subsequent default by Company in the performance of any of its other obligations under this Agreement. (2) The certificate issued by the City shall contain a description accordance herewith. Upon issuance of the real property affected thereby Certificate of Completion and Compliance, the conditions determined to exist at the time the Project Premises was determined to be an area in need of redevelopment shall be in such form as will enable it deemed to be accepted for recording in the Office of the Recorder of Deeds for ▇▇▇▇▇▇ County, Missourino longer exist.

Certificate of Completion and Compliance. A. Upon the completion of construction of the Redevelopment ProjectProjects, Company Developer shall submit a report certifying that the Project Improvements contained therein have been completed in substantial accordance with the Plan, this Agreement, and the Legal Requirements Redevelopment Plan and that the Project Improvements are it is in substantial material compliance with all other provisions of this AgreementContract. Company Developer shall, as part of the its report, submit a certificate, certified by Company, certifying that to the best of Company's actual knowledge, the information contained therein is accurate, its certificate setting forth on an aggregate basis: basis and to Developer knowledge, a reasonable estimate of (1) the total cost of completing the applicable Project Improvements; (2) Redevelopment Project Costs incurred which are eligible for reimbursement from TIF Revenue pursuant to this Agreement or which have been paid for or are to be funded or reimbursedthe Redevelopment Plan; and (3) to the extent it is relevant to the reimbursement of interest, the actual private equity and debt used to complete the applicable Project Improvements, which may include capitalized interest to the extent actually paid to unrelated third parties during construction, but not during any "lease-up" period. B. City may conduct an investigation, and if City determines that the Redevelopment Project has Projects or any portion thereof have been completed in substantial material accordance with the Redevelopment Plan, this Agreement, and the Legal Requirements as evidenced by a certificate Certificate of occupancy Substantial Completion where appropriateappropriate and other applicable Legal Requirements, and that as of the date of Company's certification the request, all of CompanyDeveloper's duties pursuant to this Agreement Contract have been performed, then the City it shall issue a Certificate of Completion and Compliance for the Redevelopment ProjectCompliance. If City determines that the Redevelopment Project Projects or any portion thereof which is the subject of an investigation or review under this Section 10.B has 10.B. have not been completed in substantial material accordance with the Redevelopment Plan, this Agreement or the Legal Requirements, or that Redevelopment Project Costs have not been incurred as certified, or that Company Developer is not in substantial material compliance with the terms of this AgreementContract, then the City it shall not issue a Certificate of Completion and Compliance and shall specify in writing to Company the reason(s) reason or reasons for withholding such its certification. Upon request of CompanyDeveloper, City shall hold a hearing at which Company Developer may present new and/or additional evidence. (1) The issuance of a Certificate of Completion and Compliance for a Redevelopment Project by City shall be a conclusive determination of the satisfaction of the covenants in this Agreement Contract with respect to the obligations of Company Developer to timely complete the Project Improvements within the Redevelopment Projectdates for the beginning and completion thereof, but shall not prevent City from future action in the event of any subsequent default by Company Developer in the performance of any of its other obligations under this AgreementContract. (2) The Each such certificate issued by the City shall contain a description of the real property affected thereby and shall be in such form as will enable it to be accepted for recording in the Office of the Recorder of Deeds for ▇▇▇▇▇▇ County, Missouri. The City shall respond within fifteen (15) days to all requests by Developer for the issuance of a certificate or hearing under this Section.

Certificate of Completion and Compliance. A. Upon the completion of construction the Project, as evidenced by the issuance of a Certificate of Occupancy for the Project, the Redeveloper shall provide a certification from an authorized representative of the Redevelopment Project, Company shall submit a report certifying that Redeveloper and from the Redeveloper’s Project engineer and/or Project architect stating that: (a) construction and redevelopment of the Project Improvements contained therein have has been substantially completed in substantial accordance with the final site plan; (b) all other facilities necessary in connection with the Project have been constructed or improved in accordance with the final site plan; (c) all improvements, and all equipment and components thereof, necessary for the full operation of the Project have been installed to the Redeveloper’s satisfaction, and as so installed are suitable and sufficient for the efficient operation of the Project for its intended purposes; (d) a Certificate of Occupancy, if required, and any other permissions required, if any, of governmental authorities or agencies having jurisdiction over the Project, for the occupancy and use of the Project for the purposes contemplated by this Redevelopment Agreement and the Redevelopment Plan, this Agreement, have been obtained; (e) any and all fees and payments have been submitted to the Legal Requirements and that Borough as required; (f) the Project Improvements are in substantial compliance with is complete and ready for use as intended and approved; and (g) all other provisions of this Agreement. Company shall, as part of the report, submit a certificate, certified by Company, certifying that to the best of Company's actual knowledge, the information contained therein is accurate, setting forth on an aggregate basis: (1) the total cost of completing the applicable Project Improvements; (2) Redevelopment Project Costs incurred which are eligible for reimbursement from TIF Revenue Redeveloper’s obligations pursuant to this Agreement or are satisfied, upon which have been paid for or are time the Redeveloper shall be entitled to be funded or reimbursed; and (3) to the extent it is relevant to the reimbursement of interest, the actual private equity and debt used to complete the applicable Project Improvements. B. City may conduct an investigation, and if City determines that the Redevelopment Project has been completed in substantial accordance with the Plan, this Agreement, and the Legal Requirements as evidenced by a certificate of occupancy where appropriate, and that as of the date of Company's certification request, all of Company's duties pursuant to this Agreement have been performed, then the City shall issue receive a Certificate of Completion and Compliance for within thirty (30) days of Redeveloper’s submission of such certification. The Borough shall review the Redevelopment Project. If City determines that Redeveloper’s certification within thirty (30) days of it submission and either (y) issue a “Certificate of Completion and Compliance” in a form substantially as set forth in Exhibit E attached hereto and made a part hereof, or (z) provide the Redevelopment Redeveloper with a written statement setting forth in detail each and every respect in which the Redeveloper has failed to complete the Project which is the subject of an investigation or review under this Section 10.B has not been completed in substantial accordance with the Plan, this Agreement or the Legal Requirements, or that Redevelopment Project Costs have not been incurred as certified, or that Company is not in substantial compliance with the terms provisions of this Agreement, then the City shall not issue a Redevelopment Plan and Government Approvals. The Certificate of Completion and Compliance and shall specify in writing to Company the reason(s) for withholding such certification. Upon request of Company, City shall hold constitute a hearing at which Company may present new and/or additional evidence. (1) The issuance of a Certificate of Completion and Compliance for a Redevelopment Project by City shall be a recordable conclusive determination of the satisfaction and termination of the agreements and covenants in this Redevelopment Agreement and in the Redevelopment Plan with respect to the obligations of Company Redeveloper’s obligation to timely complete construct the Project Improvements within the Redevelopment Project, but shall not prevent City from future action in the event of any subsequent default by Company in the performance of any of its other obligations under this Agreement. (2) The certificate issued by the City shall contain a description accordance herewith. Upon issuance of the real property affected thereby Certificate of Completion and Compliance, the conditions determined to exist at the time the Property was determined to be an area in need of redevelopment shall be in such form as will enable it deemed to be accepted for recording in the Office of the Recorder of Deeds for ▇▇▇▇▇▇ County, Missourino longer exist.

Certificate of Completion and Compliance. A. Upon the completion of construction of the Redevelopment Project, Company Developer shall submit a report certifying that the Project Improvements contained therein have been completed in substantial accordance with the Plan, this Agreement, and the Legal Requirements Site Plans and that the Project Improvements are it is in substantial compliance with all other provisions of this Agreement. Company Developer shall, as part of the report, submit a certificate, certified by CompanyDeveloper, certifying that to the best of CompanyDeveloper's actual knowledge, the information contained therein is accurate, setting forth on an aggregate basis: (1) the total cost of completing the applicable Private and Public Project Improvements; (2) Redevelopment Project Costs incurred which are eligible for reimbursement from TIF Revenue and from non-captured CID Revenue pursuant to this Agreement or which have been paid for or are to be funded or reimbursed; and (3) to the extent it is relevant to the reimbursement of interest, the actual private equity and debt used to complete the applicable Project Improvements. B. City may conduct an investigation, and if City determines that the Redevelopment Project has been completed in substantial accordance with the Plan, this Agreement, and the Legal Requirements Site Plans as evidenced by a certificate of occupancy where appropriateappropriate and other applicable Legal Requirements, and that as of the date of CompanyDeveloper's certification request, all of CompanyDeveloper's duties pursuant to this Agreement have been performed, then the City shall issue a Certificate of Completion and Compliance for the Redevelopment Project. If City determines that the Redevelopment Project which is the subject of an investigation or review under this Section 10.B 12.B has not been completed in substantial accordance with the Plan, this Agreement or the Legal RequirementsSite Plans, or that Redevelopment Project Costs have not been incurred as certified, or that Company Developer is not in substantial compliance with the terms of this Agreement, then the City shall not issue a Certificate of Completion and Compliance and shall specify in writing to Company Developer the reason(s) for withholding such certification. Upon request of CompanyDeveloper, City shall hold a hearing at which Company Developer may present new and/or additional evidence. (1) The issuance of a Certificate of Completion and Compliance for a Redevelopment Project by City shall be a conclusive determination of the satisfaction of the covenants in this Agreement with respect to the obligations of Company Developer to timely complete the Project Improvements within the Redevelopment Project, but shall not prevent City from future action in the event of any subsequent default by Company Developer in the performance of any of its other obligations under this Agreement. (2) The certificate issued by the City shall contain a description of the real property affected thereby and shall be in such form as will enable it to be accepted for recording in the Office of the Recorder of Deeds for ▇▇▇▇▇▇ County, Missouri.