OWNER COMMITMENTS Clause Samples
OWNER COMMITMENTS. (a) Owner agrees to comply with the applicable REDi: EB Program Technical Requirements. For multi-building projects where REDi funding is limited to certain buildings – all buildings funded by HPD must comply with the applicable Technical Requirements, although not all buildings may be reviewed or monitored by the TAP.
(b) ▇▇▇▇▇ agrees to respond to TAP requests for drawing review, documents and information in a timely manner to avoid compromising the project's timeline.
(c) Owner agrees to furnish a budget estimate for REDi: EB Scope items during the Design Development phase to ensure that the costs are in line with the program goals and REDi: EB incentives. If the budget is significantly higher than expected, owner may be asked to redesign certain scope items using a more cost-effective design.
(d) Owner agrees to furnish a budget estimate for maintenance of Heat Pump Equipment during the Design Development phase to ensure that the costs to maintain the proposed equipment can be properly addressed in the project budget. If the maintenance requirements are significantly higher than expected, owner may be asked to reconsider equipment selection.
(e) HPD or NYSERDA reserves the right to disapprove certain contractors or consultants who have previously failed to comply with program requirements (within REDi or any related/ precursor programs).
(f) All installers of HVAC equipment utilized on REDi projects must provide proof of training by the appliable equipment manufacturer. This includes at a minimum, the lead installer present during installation and testing of equipment.
(g) Owner shall invite HPD and TAP to any construction progress meetings and shall send to HPD and TAP copies of any reports related to project status, allocation of funds, change orders (adds or deducts), cost or time overruns or underruns consistent with those provided to the project’s other lenders.
(h) Owner shall provide notice to TAP of any extension to the completion date granted by HPD or a senior lender, if any.
(i) Prior to receiving final payment, Owner shall submit to the TAP a comprehensive maintenance plan to ensure successful operation and maintenance of all systems long term, which plan shall be subject to review and approval by the TAP. The plan will include initial and ongoing training of maintenance personnel in systems’ operation and best practices, along with available maintenance agreements, warranties and commitments by systems’ installer and manufacturers.
(j) Own...
OWNER COMMITMENTS. Owner agrees that from the date hereof until the expiration of this Option, it will not lease or rent the Premises or any part thereof to any person or entity, other than Purchaser, or ▇▇▇ ▇. ▇▇▇▇▇▇▇ as provided in the Option Agreement between ▇▇▇ ▇. ▇▇▇▇▇▇▇ and Purchaser, or grant any person or entity any rights to use or occupy the Premises. Owner shall not grant any easement on the Premises and nor will Owner mortgage or encumber the Premises without Purchaser's prior written consent. During the term of this Option Owner agrees to support, assist, and cooperate with, Purchaser with respect to Purchaser's objective of constructing an ethanol plant at the Premises, including obtaining any necessary regulatory approvals, obtaining necessary zoning, and to take such actions as are reasonably necessary or desirable in furtherance of the intents and purposes of this Option Agreement upon request of Purchaser from time to time; provided, that all costs related to such actions shall be borne by Purchaser.
OWNER COMMITMENTS. Owner agrees that from the date hereof until the expiration of this Option, it will not lease or rent the Premises or any part thereof to any person or entity, other than Purchaser, or grant any person or entity any rights to use or occupy the Premises. Owner shall not grant any easement on the Premises and nor will Owner mortgage or encumber the Premises without Purchaser's prior written consent. During the term of this Option Owner agrees to support, assist, and cooperate with, Purchaser with respect to Purchaser's objective of constructing an ethanol plant at the Premises, including obtaining any necessary regulatory approvals, obtaining necessary zoning, and to take such actions as are reasonably necessary or desirable in furtherance of the intents and purposes of this Option Agreement upon request of Purchaser from time to time; provided, that all costs related to such actions shall be borne by Purchaser.
OWNER COMMITMENTS. Owner will: ● Actively participate in meetings, planning, sessions, and development of implementation strategies ● Provide information and access to the Property for Town employees and contractors, to the extent necessary to facilitate project planning ● Not undertake or allow any work or improvements on the Property which would require a Town building permit or other approval, without having obtained such permit and/or approval(s) ● Promptly correct any conditions on the Property which are identified as constituting a threat to life or safety
OWNER COMMITMENTS. In connection with the use and development of the Property, Owner shall comply with the commitments it made to the City, including, but not limited to, (i) causing at least $25,000,000 to be spent developing the Property, (ii) installing, at the Owner’s expense, the sidewalk and internal pathway improvements depicted in the Sidewalk Plans attached hereto and incorporated herein as Exhibit D, and (iii) develop the Property in accordance with the final approved site plans and improvements as approved by the City, which plans and improvements are attached hereto and incorporated herein as Exhibit E (collectively, the “Commitments”). Owner agrees to complete the Commitments no later than December 31, 2026. Owner’s failure to complete the Commitments by December 31, 2026 shall be deemed a Noncompliance Event and Owner shall be required to pay the Supplemental Payment as provided in Section 1.2 hereof on May 10, 2027. Notwithstanding the foregoing, the City may determine, in its sole discretion, to waive the Supplemental Payment for this Noncompliance Event if the Owner sufficiently demonstrates substantial progress towards completing the Commitments.
OWNER COMMITMENTS. 4.1. Owner agrees, within thirty days after the effective date of this Agreement, to provide to the Escrow Holder a conditional offer to dedicate the Dedication Area to the City, in a fully executed format suitable for recording and approved as to form and content by the City and Owner. The Parties agree to meet and confer and confirm in writing within that thirty-day period their agreement to the form of the conditional offer of dedication,
4.2. Owner further agrees that, if the City finally approves the Rezoning Approvals, which means all appeal or referendum periods for such approvals have expired without
4.3. Owner agrees to provide from a title company acceptable to both Parties a C.L.T.A. owner’s policy of title insurance confirming Owner as fee owner of the Dedication Area before the close of escrow.
4.4. Local Preference Program for New Housing: Owner is required to comply with the ▇▇▇▇▇-South ▇▇▇▇▇▇▇▇ Specific Plan local preference program requirements for
OWNER COMMITMENTS. Owner agrees that it shall be bound by the terms of the Our Town Agreement and the Specific Plan for the Subject Property, including the financial and other commitments in Sections 5 and 6 of the Our Town Agreement governing development of any property within Planning Area 10A or re-subdivision and redevelopment of any property within Planning Area 10B.
OWNER COMMITMENTS a) Owner commits to contract with or amend a contract with a Passive House consultant to provide, at minimum, the following:
1) Participation in the project design process to ensure efficient adoption of Passive House requirements.
2) Participation in value engineering process to help optimize design decisions that reduce cost while maintaining Passive House requirements.
3) Cut sheets for all HVAC equipment, domestic hot water equipment, and windows/doors including energy performance specifications.
4) List of mock-ups recommended for Approved NYSERDA Scope items.
5) Training of all sub-contractors involved in air sealing and air boundary integrity
6) Provides a list of and coordinates all Passive House inspection and testing visits with the overall construction schedule including but not limited to:
a. Blower door testing
b. Site inspections and issue logs
c. Mechanical system commissioning reports and issue logs
7) Tracks all Passive House certification fees broken out by
a. Registration and Certification Fees
b. Verification and Testing Fees
8) Successful certification of the building by the chosen Passive House certification agency.
b) A completed Rider executed with the General Contractor which describes the obligations of the GC to:
1) Become knowledgeable about Passive House design and construction
2) Help facilitate Passive House certification in collaboration with the Passive House Consultant
3) Comply with FHI program requirements, Contractor must agree to comply with the applicable HPD/NYSERDA Technical Requirements as listed in Exhibit B (the “Technical Requirements”)
4) Track Approved NYSERDA Scope item costs
5) Acknowledge the documentation requirements for Initiative milestone submissions
c) Prior to closing, NYSERDA and/or the TAP must approve the full NYSERDA Scope(s) of Work with an updated budget based on bid responses.
d) If Owner provides or contracts separately for laundry equipment, the Owner must ensure the equipment meets the requirements of the FHI Program.
e) Owner shall adhere to all requirements and directives described on the Future Housing Initiative Program Description and all other Program documents.
f) Owner acknowledges that the general contractor is subject to approval by NYSERDA and HPD.
g) Owner shall cause any lender to the Project to invite NYSERDA to any construction progress meetings and shall send to NYSERDA copies of any reports related to project status, allocation of funds, change orders (adds or deducts), cos...
OWNER COMMITMENTS. 5.1. Owner agrees, within thirty days after the Effective Date of this Agreement, to provide to the Escrow Holder a conditional offer to dedicate the Dedication Area to the City, in a fully executed format suitable for recording and approved as to form and content by the City and Owner. The Parties agree to meet and confer and confirm in writing within that thirty-day period their agreement to the form of the conditional offer of dedication, which shall dedicate the Dedication Area as described in Exhibits C-1, C-2, C-3, and C-4 subject to the conditions in this Agreement.
5.2. Owner further agrees that, if the City finally approves the Rezoning Approvals and Vesting Tentative Map, which means all appeal or referendum periods for such approvals have expired without successful challenge or referendum, and the other specified
5.3. Owner agrees to provide from a title company acceptable to both Parties a C.L.T.A. owner’s policy of title insurance confirming Owner as fee owner of the Dedication Area before the Close of Escrow.
5.4. Local Preference Program for New Housing: Developer is required to comply with the ▇▇▇▇▇-South ▇▇▇▇▇▇▇▇ Specific Plan local preference program requirements for
OWNER COMMITMENTS