Temporary Certificate of Occupancy Clause Samples
A Temporary Certificate of Occupancy (TCO) clause defines the conditions under which a property may be occupied before all final construction or code requirements are fully satisfied. This clause typically allows tenants or owners to use the premises once essential safety and habitability standards are met, even if minor work remains unfinished, such as landscaping or cosmetic details. Its core function is to facilitate earlier use or move-in, helping to avoid delays and providing flexibility while final approvals are pending.
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Temporary Certificate of Occupancy. In the event that weather or other conditions prevent the completion of an as-built survey at the time the Certificate of Occupancy is requested, the City may issue a temporary Certificate of Occupancy provided that applicant provide a $2,500 escrow fee to ensure completion of the as-built survey. (City Code 1312.
Temporary Certificate of Occupancy. Owner shall receive a TCO and begin operations within thirty-six (36) months from the date of Entitlement.
Temporary Certificate of Occupancy. If the Developer has failed to complete all work for the Project by the Substantial Completion Date, but the Project can be used while minor work is being completed or minor deficiencies are being corrected, the Development Director or his designee may recommend that the Building Official issue a Temporary Certificate of Occupancy (TCO) for the Project, subject to the conditions stated by the Development Director or his designee at the time, which would allow the occupancy and beneficial use of the Project until such time that the Permanent Certificate of Occupancy (CO) could be released.
a. The TCO shall remain in place until such time as the Town issues a permanent Certificate of Occupancy for the Project, provided, that during the period of the TCO, the Developer shall maintain the Performance Security and the Maintenance Security; and provided further that no CO shall be issued for the Project until the Developer has fully satisfied all remaining conditions of approval associated with the Project, including, but not limited to, landscaping, lighting, planting trees and/or shrubs, or installing fencing.
b. The Developer agrees to pay the monthly fee as required by the current fee schedule for the TCO while completing outstanding items.
c. A listing of items that must be completed by the Developer before a CO will be issued along with a deadline for their completion will be provided to the Developer with the issuance of the TCO.
d. Failure of the Developer to complete such items by the specified deadline shall constitute a default hereunder, permitting the Town to revoke the TCO and otherwise exercise all of the remedies available to it due to such default hereunder and at law and in equity including, without limitation, drawing upon the Security. All such remedies shall be cumulative.
Temporary Certificate of Occupancy. The Agency may, in its reasonable discretion, accept a “Temporary Certificate of Occupancy” for the Improvements from the Department of Building Inspection in lieu of a Certificate of Occupancy under Section
Temporary Certificate of Occupancy. If a temporary certificate of occupancy for the applicable Public Garage has been delivered as part of the Occupancy Certificates, the Redeveloper shall use commercially reasonable efforts (which obligation shall survive the Public Improvements Closing) to have a permanent certificate of occupancy issued with respect to such Public Garage within thirty (30) days after the Public Garage Closing, subject to extension for Excusable Delay and any seasonal items that may impede issuance of such permanent certificate of occupancy and further subject to extension by the City for up to two (2) additional thirty (30) day periods, such extensions not to be unreasonably withheld.
Temporary Certificate of Occupancy. If Tenant initially obtains a temporary Certificate of Occupancy for the Project, Tenant shall keep such temporary certificate of occupancy in full force and effect until the date that a permanent Certificate of Occupancy is issued for the Project.
Temporary Certificate of Occupancy. The Temporary Certificate of Occupancy has been issued and is in full force and effect.
Temporary Certificate of Occupancy. “Temporary Certificate of Occupancy” (“TCO”) shall mean the document allowing for residential occupation of the Property following project construction in the event of a matter beyond the control of the Developer or Town that, in the determination of the Town, warrants allowing for residential occupation of the Property prior to a full completion of all MDR and PIRF-related obligations of the Developer.
Temporary Certificate of Occupancy. Borrower shall (i) perform or cause to be performed all work, (ii) pay any and all costs, fees and expenses, and (iii) promptly and diligently prosecute to completion any and all additional actions necessary in order to obtain a TCO for all of the Improvements at the Property. Borrower shall obtain such TCO within sixty (60) days of the date hereof (provided, however, so long as Borrower is diligently pursuing a TCO from the applicable Governmental Authority with respect to all the Improvements at the Property, then such sixty (60) day period shall be extended for an additional thirty (30) days so long as Borrower continues to so diligently pursue such TCO, but in no event shall such extended period exceed ninety (90) days after the date hereof) and Borrower shall deliver or cause to be delivered to Lender a copy of each such TCO within five (5) Business Days of issuance thereof. Upon Lender’s reasonable request, Borrower shall provide Lender with periodic updates regarding the status and the progress of obtaining such TCO.
Temporary Certificate of Occupancy. Upon satisfactory completion of the inspection of the fire safety systems at NBU’s new headquarters, the City agrees to issue a temporary certificate of occupancy to NBU to enable NBU to begin moving furniture, fixtures and equipment into the NBU headquarters prior to issuance of the final certificate of occupancy. The obligation set forth in this Section A.5. will survive the performance of this Agreement to include the effectuation of the Transfer of the Property.