Common use of Temporary Certificate of Occupancy Clause in Contracts

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.