Common use of Use and Construction of Lands Clause in Contracts

Use and Construction of Lands. The Owner covenants and agrees that: (a) the Lands will not be developed, and no building or structure will be constructed or used on the Lands, unless, as part of the development, construction, or use of any such building or structure, the Owner also designs and constructs to completion the Affordable Rental Units in accordance with a building permit issued by the City, any development permit issued by the City and, if applicable, any rezoning consideration applicable to the development on the Lands; and (b) notwithstanding that the Owner may be otherwise entitled, the Owner shall not occupy, or permit to be occupied, any Dwelling Unit on the Lands unless the Owner has: (i) constructed the Affordable Rental Units in accordance with this Agreement; (ii) ensured that all of the Affordable Rental Units are ready for occupancy in accordance with all applicable laws, regulations and bylaws; and (iii) delivered to the Director, Development Services, a final rent roll confirming the rents to be charged to the first occupants of the Affordable Rental Units; and DRAFT without limiting the general scope of section 6.4 and 6.5, the Owner does hereby waive, remise and release absolutely any and all claims against the City and City Personnel for any losses that may derive from withholding occupancy until there is compliance with the provisions of this section 2.1.

Use and Construction of Lands. The Owner covenants and agrees that: (a) the Lands will not be developed, developed and no building or structure will be constructed or used on the Lands, unless, Lands unless as part of the development, construction, or use of any such building or structure, the Owner also designs and constructs to completion the Affordable Rental Units completion, in accordance with a building permit issued by the City, any development permit issued by the City and, if applicable, any rezoning consideration applicable to the development on the Lands, the Affordable Rental Units, and the Caretaker Rental Unit; and (b) notwithstanding that the Owner may be otherwise entitled, the Owner shall not occupy, occupy or permit to be occupied, occupied any Dwelling Unit on the Lands unless the Owner has: (i) constructed the Affordable Rental Units in alignment with Phase 1 and in accordance with this Agreement;; and (ii) ensured that all of the Affordable Rental Units are ready for occupancy in accordance with all applicable laws, regulations and bylaws; and (iii) delivered to the Director, Development Services, a final rent roll confirming the rents to be charged to the first occupants of the Phase 1 Affordable Rental Units; and DRAFT without limiting the general scope of section 6.4 and 6.5, the Owner does hereby waive, remise and release absolutely any and all claims against the City and City Personnel for any losses Losses that may derive from the withholding occupancy of an Occupancy Permit until there is compliance with the provisions of this section 2.1.

Use and Construction of Lands. The Owner covenants and agrees that: (a) the Lands will not be developed, and no building or structure will be constructed or used on the Lands, unless, as part of the development, construction, or use of any such building or structure, the Owner also designs and constructs to completion the Affordable Rental Units in accordance with a building permit issued by the City, any development permit issued by the City and, if applicable, any rezoning consideration applicable to the development on the Lands; and (b) notwithstanding that the Owner may be otherwise entitled, the Owner shall not occupy, or permit to be occupied, any Dwelling Unit on the Lands unless the Owner has: (i) constructed the Affordable Rental Units in accordance with this Agreement; (ii) ensured that all of the Affordable Rental Units are ready for occupancy in accordance with all applicable laws, regulations and bylaws; and (iii) delivered to the Director, Development Services, a final rent roll confirming the rents to be charged to the first occupants of the Affordable Rental Units; and DRAFT without limiting the general scope of section 6.4 and 6.5, the Owner does hereby waive, remise and release absolutely any and all claims against the City and City Personnel for any losses that may derive from withholding occupancy until there is compliance with the provisions of this section 2.1.