Certificate of Completion. Promptly after completion of the Project and issuance of a final occupancy permit, including landscaping, in accordance with this Agreement, Redeveloper shall request that the Agency issue a Certificate of Completion ("Certificate") and return the Deposit. This Certificate shall be a conclusive determination of satisfaction and termination of the covenants in the Agreement and the Deed with respect to the obligations of the Redeveloper and its successors and assigns to construct and the dates for the beginning and completion thereof. Representatives of the Agency shall inspect the Project within thirty (30) days following receipt of Redeveloper's request to determine if the work has been completed according to Agency-approved plans and this Agreement. If the Project is determined to be in conformance, the request for the Certificate shall be presented to the Agency for its formal approval at the next available regularly scheduled meeting of the Agency. The Agency shall execute such Certificate within thirty (30) days of its authorization and shall present the Certificate for recording to the Register of Deeds at Agency's expense. If the Agency shall refuse or fail to authorize this Certificate, the Agency shall within thirty (30) days of the Project inspection provide Redeveloper with a written statement indicating in adequate detail how the Redeveloper has failed to complete the redevelopment of the Project in conformity with approved plans or this Agreement, or is otherwise in default, and what measures or acts are necessary, in the opinion of the Agency, for the Redeveloper to take or perform in order to obtain the Certificate. Concurrent with Agency's consideration of the request for the Certificate, the Agency shall consider return of the Deposit. All or part of the Deposit may be retained by the Agency if the project is not completed according to the schedule specified in Section 2. A check for the amount of Deposit authorized for return by the Agency shall be provided within ten (10) days of authorization by the Agency.
Appears in 2 contracts
Sources: Purchase and Sale Agreement, Purchase and Sale Agreement
Certificate of Completion. Promptly after completion of the Project and issuance of a final occupancy permitconstruction, including landscaping, in accordance with this Agreement, Redeveloper ▇▇▇▇▇ shall request in writing that the Agency Commissioner issue a Certificate of Completion ("Certificate") and return the Deposit. This Buyer’s request shall include a Project summary on final project costs, dates for commencement and completion, occupancy summary and SBE participation. The Certificate shall be a conclusive determination of satisfaction and termination of the covenants in the Agreement and the Deed with respect to the obligations of the Redeveloper Buyer and its successors and assigns to construct and the dates for the beginning and completion thereof. Representatives of the Agency Buyer shall permit Seller representatives to inspect the Project within thirty (30) days following receipt of Redeveloper▇▇▇▇▇'s request to determine if the work has been completed according to Agency-approved plans Seller‐approved Final Plans and this Agreement. If the Project is determined to be in conformance, the request for the Certificate shall be presented to the Agency Seller for its formal approval at the next available regularly scheduled schedule meeting of the AgencySeller. The Agency Seller shall execute such Certificate within thirty (30) days of its authorization and shall present the Certificate for recording to the Register of Deeds at AgencySeller's expense. If the Agency Seller shall refuse or fail to authorize this the Certificate, the Agency Seller shall within thirty (30) days of the Project inspection provide Redeveloper Buyer with a written statement indicating in adequate detail how the Redeveloper Buyer has failed to complete the redevelopment of the Project in conformity conformance with approved plans Final Plans or this Agreement, or is otherwise in default, and what measures or acts are necessary, in the opinion of the AgencySeller, for the Redeveloper Buyer to take or perform in order to obtain the Certificate. Concurrent with Agency▇▇▇▇▇▇'s consideration of the request for the Certificate, the Agency Seller shall consider return of the Deposit. All or part of the Deposit may be retained by the Agency Seller if the project is not completed according to the schedule specified in Section 2. A check for the amount of Deposit authorized for return by the Agency Seller shall be provided within ten (10) days of authorization by the AgencySeller.
Appears in 1 contract
Sources: Purchase and Sale Agreement
Certificate of Completion. Promptly after completion of the Project and issuance of a final occupancy permitconstruction, including landscaping, in accordance with this Agreement, Redeveloper ▇▇▇▇▇ shall request that the Agency Commissioner of DCD issue a Certificate of Completion ("Certificate") and return the Deposit. This Certificate shall be a conclusive determination of satisfaction and termination of the covenants in the Agreement and the Deed with respect to the obligations of the Redeveloper Buyer and its successors and assigns to construct and the dates for the beginning and completion thereof. Representatives of the Agency Seller shall inspect the Project Property within thirty (30) days following receipt of Redeveloper▇▇▇▇▇'s request to determine if the work has been completed according to AgencySeller-approved plans and this Agreement. If the Project property is determined to be in conformance, the request for the Certificate shall be presented to the Agency for its formal approval at the next available regularly scheduled meeting of the Agency. The Agency Commissioner shall execute such the Certificate within thirty (30) days of its authorization the inspection and shall present the Certificate for recording to the Register of Deeds at Agency's expenseBuyer. If the Agency shall refuse or fail Commissioner refuses to authorize this Certificate, the Agency Seller shall within thirty (30) days of the Project Property inspection provide Redeveloper Buyer with a written statement indicating in adequate detail how the Redeveloper Buyer has failed to complete the redevelopment development of the Project Property in conformity with approved plans or this Agreement, or is otherwise in default, and what measures or acts are necessary, in the opinion of the AgencyCommissioner, for the Redeveloper Buyer to take or perform in order to obtain the Certificate. Concurrent with AgencyCommissioner's consideration of the request for the Certificate, the Agency Seller shall consider return of the Deposit. All or part of the Deposit may be retained by the Agency Seller if the project is not completed according to the schedule specified in Section 2. A check for the amount of Deposit authorized for return by the Agency Seller shall be provided within ten (10) days of authorization issuance of the Certificate by the AgencySeller.
Appears in 1 contract
Sources: Purchase Agreement
Certificate of Completion. Promptly after completion of the Project and issuance of a final occupancy permitProject, including landscaping, in accordance with this Agreement, Redeveloper shall request that the Agency issue a Certificate of Completion ("Certificate") and return the Deposit. This Certificate shall be a conclusive determination of satisfaction and termination of the covenants in the Agreement and the Deed with respect to the obligations of the Redeveloper and its successors and assigns to construct and the dates for the beginning and completion thereof. Representatives of the Agency shall inspect the Project within thirty (30) days following receipt of Redeveloper's request to determine if the work has been completed according to Agency-approved plans and this Agreement. If the Project is determined to be in conformance, the request for the Certificate shall be presented to the Agency for its formal approval at the next available regularly scheduled schedule meeting of the Agency. The Agency shall execute such Certificate within thirty (30) days of its authorization and shall present the Certificate for recording to the Register of Deeds at Agency's expense. If the Agency shall refuse or fail to authorize this Certificate, the Agency shall within thirty (30) days of the Project inspection provide Redeveloper with a written statement indicating in adequate detail how the Redeveloper has failed to complete the redevelopment of the Project in conformity with approved plans or this Agreement, or is otherwise in default, and what measures or acts are necessary, in the opinion of the Agency, for the Redeveloper to take or perform in order to obtain the Certificate. Concurrent with Agency's consideration of the request for the Certificate, the Agency shall consider return of the Deposit. All or part of the Deposit may be retained by the Agency if the project is not completed according to the schedule specified in Section 2. A check for the amount of Deposit authorized for return by the Agency shall be provided within ten (10) days of authorization by the Agency.
Appears in 1 contract
Sources: Purchase and Sale Agreement
Certificate of Completion. Promptly after completion of the Project and issuance of a final occupancy permitconstruction, including landscaping, in accordance with this Agreement, Redeveloper Buyer shall request that the Agency Commissioner of DCD issue a Certificate of Completion ("Certificate") and return the Deposit. This Certificate shall be a conclusive determination of satisfaction and termination of the covenants in the Agreement and the Deed with respect to the obligations of the Redeveloper Buyer and its successors and assigns to construct and the dates for the beginning and completion thereof. Representatives of the Agency Seller shall inspect the Project Property within thirty (30) days following receipt of RedeveloperBuyer's request to determine if the work has been completed according to AgencySeller-approved plans and this Agreement. If the Project property is determined to be in conformance, the request for the Certificate shall be presented to the Agency for its formal approval at the next available regularly scheduled meeting of the Agency. The Agency Commissioner shall execute such the Certificate within thirty (30) days of its authorization the inspection and shall present the Certificate for recording to the Register of Deeds at Agency's expenseBuyer. If the Agency shall refuse or fail Commissioner refuses to authorize this Certificate, the Agency Seller shall within thirty (30) days of the Project Property inspection provide Redeveloper Buyer with a written statement indicating in adequate detail how the Redeveloper Buyer has failed to complete the redevelopment development of the Project Property in conformity with approved plans or this Agreement, or is otherwise in default, and what measures or acts are necessary, in the opinion of the AgencyCommissioner, for the Redeveloper Buyer to take or perform in order to obtain the Certificate. Concurrent with AgencyCommissioner's consideration of the request for the Certificate, the Agency Seller shall consider return of the Deposit. All or part of the Deposit may be retained by the Agency Seller if the project is not completed according to the schedule specified in Section 2. A check for the amount of Deposit authorized for return by the Agency Seller shall be provided within ten (10) days of authorization issuance of the Certificate by the AgencySeller.
Appears in 1 contract
Sources: Purchase Agreement
Certificate of Completion. Promptly after completion of the Project and issuance of a final occupancy permitProject, including landscaping, in accordance with this Agreement, Redeveloper shall request that the Agency issue a Certificate of Completion ("Certificate") and return the DepositDeposit and shall report to the Agency on the Project’s final cost, occupancy and SBE participation. This Certificate shall be a conclusive determination of satisfaction and termination of the covenants in the Agreement and the Deed with respect to the obligations of the Redeveloper and its successors and assigns to construct and the dates for the beginning and completion thereof. Representatives of the Redeveloper shall permit Agency shall representatives to inspect the Project within thirty (30) days following receipt of Redeveloper's request to determine if the work has been completed according to Agency-approved plans Final Plans and this Agreement. If the Project is determined to be in conformance, the request for the Certificate shall be presented to the Agency for its formal approval at the next available regularly scheduled schedule meeting of the Agency. The Agency shall execute such Certificate within thirty (30) days of its authorization and shall present the Certificate for recording to the Register of Deeds at Agency's expense. If the Agency shall refuse or fail to authorize this Certificate, the Agency shall within thirty (30) days of the Project inspection provide Redeveloper with a written statement indicating in adequate detail how the Redeveloper has failed to complete the redevelopment of the Project in conformity conformance with approved plans Final Plans or this Agreement, or is otherwise in default, and what measures or acts are necessary, in the opinion of the Agency, for the Redeveloper to take or perform in order to obtain the Certificate. Concurrent with Agency's consideration of the request for the Certificate, the Agency shall consider return of the Deposit. All or part of the Deposit may be retained by the Agency if the project is not completed according to the schedule specified in Section 2. A check for the amount of Deposit authorized for return by the Agency shall be provided within ten (10) days of authorization by the Agency.
Appears in 1 contract
Sources: Purchase and Sale Agreement
Certificate of Completion. Promptly after completion of the Project and issuance of a final occupancy permitconstruction, including landscaping, in accordance with this Agreement, Redeveloper ▇▇▇▇▇ shall request in writing that the Agency Commissioner of DCD issue a Certificate of Completion ("Certificate") and return the Deposit. This Buyer’s request shall include a project summary on final project costs, dates for commencement and completion, occupancy summary and SBE participation. The Certificate shall be a conclusive determination of satisfaction and termination of the covenants in the Agreement and the Deed with respect to the obligations of the Redeveloper Buyer and its successors and assigns to construct and the dates for the beginning and completion thereof. Representatives of the Agency City shall inspect the Project Property within thirty (30) days following receipt of Redeveloper▇▇▇▇▇'s request to determine if the work has been completed according to AgencyCity-approved plans and this Agreement. If the Project Property is determined to be in conformance, the request for the Certificate shall be presented to the Agency for its formal approval at the next available regularly scheduled meeting of the Agency. The Agency Commissioner shall execute such the Certificate within thirty (30) days of its authorization the inspection and shall present the Certificate for recording to the Register of Deeds at Agency's expenseBuyer. If the Agency shall refuse or fail Commissioner refuses to authorize this Certificate, the Agency City shall within thirty (30) days of the Project Property inspection provide Redeveloper Buyer with a written statement indicating in adequate detail how the Redeveloper ▇▇▇▇▇ has failed to complete the redevelopment development of the Project Property in conformity with approved plans or this Agreement, or is otherwise in default, and what measures or acts are necessary, in the opinion of the AgencyCommissioner, for the Redeveloper Buyer to take or perform in order to obtain the Certificate. Concurrent with Agency's DCD’s consideration of the request for the Certificate, the Agency City shall consider return of the Deposit. All or part of the Deposit may be retained by the Agency City if the project is not completed according to the schedule specified in Section 2. A check for the amount of Deposit authorized for return by the Agency City shall be provided within ten (10) days of authorization issuance of the Certificate by the AgencyCity.
Appears in 1 contract
Sources: Purchase and Sale Agreement
Certificate of Completion. Promptly after completion of the Project and issuance of a final occupancy permitconstruction, including landscaping, in accordance with this Agreement, Redeveloper Buyer shall request in writing that the Agency Commissioner of DCD issue a Certificate of Completion ("Certificate") and return the Deposit. Buyer’s request shall include a Project summary on final project costs, dates for commencement and completion, occupancy summary and SBE participation. This Certificate shall be a conclusive determination of satisfaction and termination of the covenants in the Agreement and the Deed with respect to the obligations of the Redeveloper Buyer and its successors and assigns to construct and the dates for the beginning and completion thereof. Representatives of the Agency Buyer shall permit Seller representatives to inspect the Project within thirty (30) days following receipt of RedeveloperBuyer's request to determine if the work has been completed according to AgencySeller-approved plans Final Plans and this Agreement. If the Project is determined to be in conformance, the request for the Certificate shall be presented to the Agency Seller for its formal approval at the next available regularly scheduled schedule meeting of the AgencySeller. The Agency Seller shall execute such Certificate within thirty (30) days of its authorization and shall present the Certificate for recording to the Register of Deeds at AgencySeller's expense. If the Agency Seller shall refuse or fail to authorize this Certificate, the Agency Seller shall within thirty (30) days of the Project inspection provide Redeveloper Buyer with a written statement indicating in adequate detail how the Redeveloper Buyer has failed to complete the redevelopment of the Project in conformity conformance with approved plans Final Plans or this Agreement, or is otherwise in default, and what measures or acts are necessary, in the opinion of the AgencySeller, for the Redeveloper Buyer to take or perform in order to obtain the Certificate. Concurrent with AgencySeller's consideration of the request for the Certificate, the Agency Seller shall consider return of the Deposit. All or part of the Deposit may be retained by the Agency Seller if the project is not completed according to the schedule specified in Section 2. A check for the amount of Deposit authorized for return by the Agency Seller shall be provided within ten (10) days of authorization by the AgencySeller.
Appears in 1 contract
Sources: Purchase and Sale Agreement
Certificate of Completion. Promptly after completion of the Project and issuance of a final occupancy permitconstruction, including landscaping, in accordance with this Agreement, Redeveloper ▇▇▇▇▇ shall request in writing that the Agency Commissioner of DCD issue a Certificate of Completion ("Certificate") and return the Deposit. This The Certificate shall be a conclusive determination of satisfaction and termination of the covenants in the Agreement and the Deed with respect to the obligations of the Redeveloper Buyer and its successors and assigns to construct and the dates for the beginning and completion thereof. Buyer’s request shall include a written project summary on final project costs, dates for commencement and completion, occupancy summary and SBE participation. Buyer shall provide City Representatives of the Agency shall with Property access to inspect the Project Property within thirty (30) days following receipt of Redeveloper▇▇▇▇▇'s written request and project summary to determine if the work Project has been completed according to Agency-approved City‐approved plans and this Agreement. If the Project Property is determined to be in conformance, the request for the Certificate shall be presented to the Agency for its formal approval at the next available regularly scheduled meeting of the Agency. The Agency Commissioner shall execute such the Certificate within thirty (30) days of its authorization the inspection and shall present the Certificate for recording to the Register of Deeds at Agency's expenseBuyer. If the Agency shall refuse or fail Commissioner refuses to authorize this Certificate, the Agency City shall within thirty (30) days of the Project Property inspection provide Redeveloper Buyer with a written statement indicating in adequate detail how the Redeveloper ▇▇▇▇▇ has failed to complete the redevelopment development of the Project Property in conformity with approved plans or this Agreement, or is otherwise in default, and what measures or acts are necessary, in the opinion of the AgencyCommissioner, for the Redeveloper Buyer to take or perform in order to obtain the Certificate. Concurrent with Agency's DCD’s consideration of the request for the Certificate, the Agency City shall consider return of the Deposit. All or part of the Deposit may be retained by the Agency City if the project is not completed according to the schedule specified in Section 2. A check for the amount of Deposit authorized for return by the Agency City shall be provided within ten (10) days of authorization issuance of the Certificate by the AgencyCity.
Appears in 1 contract
Sources: Purchase and Sale Agreement
Certificate of Completion. Promptly after completion of the Project and issuance of a final occupancy permit, including landscaping, Minimum Improvements in accordance with those provisions of this Agreement, Redeveloper shall request that the Agency issue a Certificate of Completion ("Certificate") and return the Deposit. This Certificate shall be a conclusive determination of satisfaction and termination of the covenants in the Agreement and the Deed with respect relating solely to the obligations of the Redeveloper to construct the Minimum Improvements, and upon request by the Redeveloper, the Authority will furnish the Redeveloper with a certificate of completion for the Minimum Improvements in a form acceptable for recording in the County Recorder’s Office or the Office of the County Registrar of Titles (the “Certificate of Completion”). The Certificate of Completion shall be furnished to the Redeveloper within ten (10) business day after request by the Redeveloper and shall conclusively satisfy and terminate the agreements and covenants in this Agreement and in the Deed of the Redeveloper, and its successors and assigns assigns, to construct the Minimum Improvements. Such certification and the dates for the beginning and completion thereof. Representatives such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Agency shall inspect Redeveloper to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned for construction of the Project within thirty (30) days following receipt of Redeveloper's request to determine if the work has been completed according to Agency-approved plans and this AgreementMinimum Improvements, or any part thereof. If the Project is determined to be in conformance, the request for the Certificate shall be presented to the Agency for its formal approval at the next available regularly scheduled meeting of the Agency. The Agency shall execute such Certificate within thirty (30) days of its authorization and shall present the Certificate for recording to the Register of Deeds at Agency's expense. If the Agency Authority shall refuse or fail to authorize provide a Certificate of Completion in accordance with the provisions of this CertificateSection 4.3 of this Agreement, the Agency shall Authority shall, within thirty ten (3010) business days after written request by the Redeveloper for the Certificate of Completion, provide the Project inspection provide Redeveloper with a written statement statement, indicating in adequate detail how in what respects the Redeveloper has failed to complete the redevelopment Minimum Improvements in accordance with the provisions of the Project in conformity with approved plans or this Agreement, or is otherwise in default, Agreement and what measures or acts are will be necessary, in the opinion of the AgencyAuthority, for the Redeveloper to take or perform in order to obtain the CertificateCertificate of Completion. Concurrent with Agency's consideration Redeveloper shall have the right to seek specific performance of the request for the Certificate, the Agency shall consider return Authority’s covenant to issue a Certificate of Completion.
Section 3. Section 4.4 of the Deposit. All or part of Agreement, as previously amended, is hereby stricken in its entirety and replaced with the Deposit may be retained by the Agency if the project is not completed according to the schedule specified in following revised Section 2. A check for the amount of Deposit authorized for return by the Agency shall be provided within ten (10) days of authorization by the Agency.4.4:
Appears in 1 contract
Sources: Purchase and Development Agreement
Certificate of Completion. Promptly after completion of the Project and issuance of a final occupancy permitconstruction, including landscaping, in accordance with this Agreement, Redeveloper and receiving its certificate of occupancy, Buyer shall request that the Agency Commissioner of DCD issue a Certificate of Completion ("Certificate") and return the Deposit. This Certificate shall be a conclusive determination of satisfaction and termination of the covenants in the this Agreement and the Deed with respect to the obligations of the Redeveloper Buyer and its successors and assigns to construct and the dates for the beginning and completion thereof. Representatives of the Agency Seller shall inspect the Project Property within thirty (30) days following receipt of RedeveloperBuyer's request to determine if the work has been completed according to AgencySeller-approved plans and this Agreement. If the Project Property is determined to be in conformance, the request for the Certificate shall be presented to the Agency for its formal approval at the next available regularly scheduled meeting of the Agency. The Agency Commissioner shall execute such the Certificate within thirty (30) days of its authorization the inspection and shall present the Certificate for recording to the Register of Deeds at Agency's expenseBuyer. If the Agency shall refuse or fail Commissioner refuses to authorize this Certificate, the Agency Seller shall within thirty (30) days of the Project Property inspection provide Redeveloper Buyer with a written statement indicating in adequate detail how the Redeveloper Buyer has failed to complete the redevelopment development of the Project Property in conformity with approved plans or this Agreement, or is otherwise in default, and what measures or acts are necessary, in the opinion of the AgencyCommissioner, for the Redeveloper Buyer to take or perform in order to obtain the Certificate. Concurrent with AgencyCommissioner's consideration of the request for the Certificate, the Agency Seller shall consider return of the Deposit. All or part of the Deposit may be retained by the Agency Seller if the project Project is not completed according to the schedule specified in Section 2. A check for the amount of Deposit authorized for return by the Agency Seller shall be provided within ten (10) days of authorization issuance of the Certificate by the AgencySeller.
Appears in 1 contract
Sources: Purchase and Sale Agreement