Common use of Access, Utilities, and Laws Clause in Contracts

Access, Utilities, and Laws. Lender shall have received and approved (a) satisfactory evidence that the Property abuts and has fully adequate direct and free access to one or more public streets, dedicated to public use, fully installed and accepted by the appropriate governmental authority, that all costs and expenses of the installation and acceptance thereof have been paid in full, and that there are no restrictions on the use and enjoyment of such streets which would adversely affect the Project; (b) letters from the applicable utility companies or governmental authorities confirming that all utilities necessary for the Improvements are available at the Land in sufficient capacity, together with evidence satisfactory to Lender of paid impact fees or utility reservation deposits or connection fees required to assure the availability of such services; (c) satisfactory evidence that all applicable zoning ordinances, restrictive covenants and governmental requirements affecting the Property (including those relating to the local government Comprehensive Planning and Land Development Regulation Act, ss. 163.3161, ET SEQ., FLORIDA STATUTES) permit the use for which the Property is intended and have been or will be complied with without the necessity of variance and without the Property being a nonconforming use; (d) evidence satisfactory to Lender that the Land and Improvements comply and will comply with all laws and governmental requirements regarding subdivision and platting and would so comply if the Land and the Improvements thereon were conveyed as a separate parcel; (e) a true and correct copy of a valid building permit for the Improvements, together with all other permits and approvals necessary for construction of the Improvements; and (f) evidence satisfactory to Lender of compliance by Borrower and the Property, and the proposed construction, use and occupancy of the Improvements, with such other applicable laws and governmental requirements as Lender may request, including all laws and governmental requirements regarding access and facilities for handicapped or disabled persons including, without limitation and to the extent applicable, Part V of the Florida Building Construction Standards Act entitled "Accessibility by Handicapped Persons", Chapter 553, FLORIDA STATUES; The Federal Architectural Barriers Act (42 U.S.C. ss. 4151 ET SEQ.), The Fair Housing Amendments Act of 1988 (42 U.S.C. ss. 3601 ET SEQ.), The Americans With Disabilities Act of 1990 (42 U.S.C. ss. 12101 ET SEQ.), The Rehabilitation Act of 1973 (29 U.S.C. ss. 794) and any applicable state requirements.

Access, Utilities, and Laws. Lender shall have received and approved (a) Evidence reasonably satisfactory evidence to Administrative Agent that the Property abuts and has fully adequate direct and free access to one or more public streets, dedicated to public use, fully installed and accepted by the appropriate governmental authorityGovernmental Authority, that all fees, costs and expenses of the installation and acceptance thereof have been paid in full, and that there are no restrictions on the use and enjoyment of such streets which would adversely affect the Project; (b) if required by Administrative Agent, letters from the applicable utility companies or governmental authorities Governmental Authorities confirming that all utilities necessary for the Improvements are available at the boundaries of the Land in sufficient capacity, together with evidence satisfactory to Lender Administrative Agent of paid impact fees or fees, utility reservation deposits or deposits, and connection fees required to assure the availability of such services; (c) evidence reasonably satisfactory evidence to Administrative Agent that all applicable zoning ordinances, restrictive covenants and governmental requirements affecting the Property (including those relating to the local government Comprehensive Planning and Land Development Regulation Act, ss. 163.3161, ET SEQ., FLORIDA STATUTES) permit the use for which the Property is intended and have been or will be complied with without the necessity existence of variance and without the Property being a any variance, non-complying use, nonconforming useuse or other special exception; (d) evidence reasonably satisfactory to Lender Administrative Agent that the Land and Improvements comply and will comply with all laws Laws and governmental requirements regarding subdivision and platting and would so comply if the Land and the Improvements thereon were conveyed as a separate parcel; (e) a true and correct copy of a valid building permit for the Improvements, together with all other consents, licenses, permits and approvals necessary for construction of the Improvements, all in assignable form (to the extent appropriate and available) and in full force and effect; and (f) evidence reasonably satisfactory to Lender Administrative Agent of compliance compliance, in all material respects, by Mortgage Loan Borrower and the Property, and the proposed construction, use and occupancy of the Improvements, with such other applicable laws Laws and governmental requirements as Lender Administrative Agent may reasonably request, including all laws Laws and governmental requirements regarding access and facilities for handicapped or disabled persons including, without limitation and to the extent applicable, Part V of the Florida Building Construction Standards Act entitled "Accessibility by Handicapped Persons", Chapter 553, FLORIDA STATUES; The Federal Architectural Barriers Act (42 U.S.C. ss. § 4151 ET SEQ.), The Fair Housing Amendments Act of 1988 (42 U.S.C. ss. 3601 ET SEQet seq.), The Americans With Disabilities Act of 1990 (42 U.S.C. ss. § 12101 ET SEQet seq.), The Rehabilitation Act of 1973 (29 U.S.C. ss. § 794) ), and any applicable state requirements; and (g) written evidence satisfactory to Administrative Agent that construction of the Improvements on the Land is permissible under all federal, state and local statutes, regulations and rulings protecting tidal and non-tidal wetlands and other environmentally protected areas.

Access, Utilities, and Laws. Lender shall have received and approved approved: (ai) satisfactory evidence that the Property abuts and has fully adequate direct and free access to one or more public streets, dedicated to public use, fully installed and accepted by the appropriate governmental authority, that all costs and expenses of the installation and acceptance thereof have been paid in full, and that there are no restrictions on the use and enjoyment of such streets which would adversely affect the Project; (bii) letters from the applicable utility companies or governmental authorities confirming that all utilities necessary for the Improvements are available at the Land in sufficient capacity, together with evidence satisfactory to Lender of paid impact fees or utility reservation deposits or connection fees required to assure the availability of such services; (ciii) satisfactory evidence that all applicable zoning ordinances, restrictive covenants and governmental requirements affecting the Property (including those relating to the local government Comprehensive Planning and Land Development Regulation Act, ss. 163.3161, ET SEQ., FLORIDA STATUTES) permit the use for which the Property is intended and have been or will be complied with without the necessity of variance and without the Property being a nonconforming use; (div) evidence satisfactory to Lender that the Land and Improvements comply and will comply with all laws and governmental requirements regarding subdivision and platting and would so comply if the Land and the Improvements thereon were conveyed as a separate parcel; (ev) a true and correct copy of a valid building permit for the Improvements, together with all other permits and approvals necessary for construction of the Improvements; and (fvi) evidence satisfactory to Lender of compliance by Borrower and the Property, and the proposed construction, use and occupancy of the Improvements, with such other applicable laws and governmental requirements as Lender may request, including all laws and governmental requirements regarding access and facilities for handicapped or disabled persons including, without limitation and to the extent applicable, Part V of the Florida Building Construction Standards Act entitled "Accessibility by Handicapped Persons", Chapter 553, FLORIDA STATUES; The Federal Architectural Barriers Act (42 U.S.C. ss. 4151 ET SEQ.), The Fair Housing Amendments Act of 1988 (42 U.S.C. ss. 3601 ET SEQ.), The Americans With Disabilities Act of 1990 (42 U.S.C. ss. 12101 ET SEQ.), The Rehabilitation Act of 1973 (29 U.S.C. ss. 794) and any applicable state requirements.

Access, Utilities, and Laws. Lender shall have received and approved (a) satisfactory evidence that the Property abuts and has fully adequate direct and free access to one or more public streets, dedicated to public use, fully installed and accepted by the appropriate governmental authority, that all costs and expenses of the installation and acceptance thereof have been paid in full, and that there are no restrictions on the use and enjoyment of such streets which would adversely affect the Project; (b) letters from the applicable utility companies or governmental authorities confirming that all utilities necessary for the Improvements are available at the Land in sufficient capacity, together with evidence satisfactory to Lender of paid impact fees or utility reservation deposits or connection fees required to assure the availability of such services; (c) satisfactory evidence that all applicable zoning ordinances, restrictive covenants and governmental requirements affecting the Property (including those relating to the local government Comprehensive Planning and Land Development Regulation Act, ss. Section 163.3161, ET SEQet. seq., FLORIDA STATUTESFlorida Statutes) permit the use for which the Property is intended and have been or will be complied with without the necessity of variance and without the Property being a nonconforming use; (d) evidence satisfactory to Lender that the Land and Improvements comply and will comply with all laws and governmental requirements regarding subdivision and platting and would so comply if the Land and the Improvements thereon were conveyed as a separate parcel; (e) a true and correct copy of a valid building permit for the Improvements, together with all other permits and approvals necessary for construction of the Improvements; and (f) evidence satisfactory to Lender of compliance by Borrower and the Property, and the proposed construction, use and occupancy of the Improvements, with such other applicable laws and governmental requirements as Lender may request, including all laws and governmental requirements regarding access and facilities for handicapped or disabled persons including, without limitation and to the extent applicable, Part V of the Florida Building Construction Standards Act entitled "Accessibility by Handicapped Persons", Chapter 553, FLORIDA STATUESFla Stat.; The Federal Architectural Barriers Act (42 U.S.C. ss. Section 4151 ET SEQet seq.), The Fair Housing Amendments Act of 1988 (42 U.S.C. ss. Section 3601 ET SEQet seq.), The Americans With Disabilities Act of 1990 (42 U.S.C. ss. Section 12101 ET SEQet seq.), The Rehabilitation Act of 1973 (29 U.S.C. ss. Section 794) and any applicable state requirements.

Access, Utilities, and Laws. Lender shall have received and approved For the Property: (a) evidence reasonably satisfactory evidence to Administrative Agent that the Property abuts and has fully adequate direct and free access to one or more public streets, dedicated to public use, fully installed and accepted by the appropriate governmental authorityTribunal, that all fees, costs and expenses of the installation and acceptance thereof have been paid in full, and that there are no restrictions on the use and enjoyment of such streets which would adversely affect the Project; (b) letters from the applicable utility companies or governmental authorities confirming that all utilities necessary for the Improvements are available at the Land in sufficient capacity, together with evidence satisfactory to Lender Administrative Agent of paid impact fees or fees, utility reservation deposits or deposits, and connection fees required to assure the availability of such services; (c) evidence reasonably satisfactory evidence to Administrative Agent that all applicable zoning ordinances, restrictive covenants and governmental requirements affecting the Property (including those relating to the local government Comprehensive Planning and Land Development Regulation Act, ss. 163.3161, ET SEQ., FLORIDA STATUTES) permit the use for which the Property is intended and have been or will be complied with without the necessity existence of variance and without any variance, non-complying use, nonconforming use or other special exception (including, if reasonably required by Administrative Agent, a letter from the applicable zoning authority with respect to the Property stating that all improvements on the Property have been constructed and are being a nonconforming useused and operated in full compliance with all applicable zoning, subdivision and building Laws applicable to such Property); (d) evidence reasonably satisfactory to Lender Administrative Agent that the Land and Improvements comply and will comply with all laws Laws and governmental requirements regarding subdivision and platting and would so comply if the Land and the Improvements thereon were conveyed as a separate parcel; (e) a true and correct copy of a valid building permit certificates of occupancy for the Improvements, together with all other consents, licenses, permits and approvals necessary for construction the use, occupancy and operation of the Improvements, all in assignable form (to the extent appropriate) and in full force and effect; and (f) evidence reasonably satisfactory to Lender Administrative Agent of compliance by Borrower and the Property, and the proposed construction, use and occupancy of the Improvements, with such other applicable laws Laws and governmental requirements as Lender Administrative Agent may reasonably request, including all laws Laws and governmental requirements regarding access and facilities for handicapped or disabled persons including, without limitation and to the extent applicable, Part V of the Florida Building Construction Standards Act entitled "Accessibility by Handicapped Persons", Chapter 553, FLORIDA STATUES; The Federal Architectural Barriers Act (42 U.S.C. ss. 4151 ET SEQet seq.), The Fair Housing Amendments Act of 1988 (42 U.S.C. ss. 3601 ET SEQet seq.), The Americans With Disabilities Act of 1990 (42 U.S.C. ss. 12101 ET SEQet seq.), The Rehabilitation Act of 1973 (29 U.S.C. ss. 794) ), and any applicable state requirements.

Access, Utilities, and Laws. Lender The Bank shall have received and approved --------------------------- (a) satisfactory evidence that the Property abuts and has fully adequate direct and free access to one or more public streets, dedicated to public use, fully installed and accepted by the appropriate governmental authority, that all fees, costs and expenses of the installation and acceptance thereof have been paid in full, and that there are no restrictions on the use and enjoyment of such streets which would adversely affect the Project; (b) letters from the applicable utility companies or governmental authorities confirming that all utilities necessary for the Improvements are available at the Land in sufficient capacity, together with evidence satisfactory to Lender the Bank of paid impact fees or fees, utility reservation deposits or deposits, and connection fees required to assure the availability of such services; (c) satisfactory evidence that all applicable zoning ordinances, restrictive covenants and governmental requirements affecting the Property (including those relating to the local government Comprehensive Planning and Land Development Regulation Act, ss. 163.3161, ET SEQ., FLORIDA STATUTES) permit the use for which the Property is intended and have been or will be complied with without the necessity existence of variance any variance, non-complying use, nonconforming use or other special exception and without that the Property being a nonconforming useBorrower has complied with the Comprehensive Planning and Land Development Regulation Act, Chapter 163, Florida Statutes; (d) evidence satisfactory to Lender the Bank that the Land and Improvements comply and will comply with all laws and governmental requirements regarding subdivision and platting and would so comply if the Land and the Improvements thereon were conveyed as a separate parcel; (e) a true and correct copy of a valid building permit for the Improvements, together with all other consents, licenses, permits and approvals necessary for construction of the Improvements, all in assignable form (to the extent appropriate) and in full force and effect; and (f) evidence satisfactory to Lender the Bank of compliance by the Borrower and the Property, and the proposed construction, use and occupancy of the Improvements, with such other applicable laws and governmental requirements as Lender the Bank may request, including all laws and governmental requirements regarding access and facilities for handicapped or disabled persons including, without limitation and to the extent applicable, Part V of the Florida Building Construction Standards Act entitled "Florida Americans With Disabilities Accessibility by Handicapped PersonsImplementation Act", Chapter 553, FLORIDA STATUES; Florida Statutes, The Federal Architectural Barriers Act (42 U.S.C. ss. (S) 4151 ET SEQet seq.), The Fair Housing Amendments Act of 1988 (42 U.S.C. ss. (S) 3601 ET SEQet seq.), The Americans With Disabilities Act of 1990 (42 U.S.C. ss. 12101 ET SEQ(S) 2101 et seq.), The Rehabilitation Act of 1973 (29 U.S.C. ss. (S) 794) ), and any applicable state requirements; and (g) written evidence satisfactory to the Bank that construction of the Improvements on the Land is permissible under all federal, state and local statutes, regulations and ruliings protecting tidal and non-tidal wetlands and other environmentally protected areas.

Access, Utilities, and Laws. Lender shall have received and approved For each Project in the Collateral Pool: (a) evidence reasonably satisfactory evidence to Administrative Agent that the Property Project abuts and has fully adequate direct and free access to one or more public streets, dedicated to public use, fully installed and accepted by the appropriate governmental authorityTribunal, that all fees, costs and expenses of the installation and acceptance thereof have been paid in full, and that there are no restrictions on the use and enjoyment of such streets which would adversely affect the Project; (b) letters from the applicable utility companies or governmental authorities confirming that all utilities necessary for the Improvements are available at the Land in sufficient capacity, together with evidence satisfactory to Lender Administrative Agent of paid impact fees or fees, utility reservation deposits or deposits, and connection fees required to assure the availability of such services; (c) evidence reasonably satisfactory evidence to Administrative Agent that all applicable zoning ordinances, restrictive covenants and governmental requirements affecting the Property (including those relating to the local government Comprehensive Planning and Land Development Regulation Act, ss. 163.3161, ET SEQ., FLORIDA STATUTES) Project permit the use for which the Property Project is intended and have been or will be complied with without the necessity existence of variance any variance, non-complying use, nonconforming use or other special exception (including, if reasonably required by Administrative Agent, a letter from the applicable zoning authority with respect to the Project stating that all improvements on the Project have been constructed and without the Property are being a nonconforming useused and operated in full compliance with all applicable zoning, subdivision and building Laws applicable to such Project); (d) evidence reasonably satisfactory to Lender Administrative Agent that the Land and Improvements comply and will comply with all laws Laws and governmental requirements regarding subdivision and platting and would so comply if the Land and the Improvements thereon were conveyed as a separate parcel; (e) a true and correct copy of a valid building permit certificates of occupancy for the Improvements, together with all other consents, licenses, permits and approvals necessary for construction the use, occupancy and operation of the Improvements, all in assignable form (to the extent appropriate) and in full force and effect; and (f) evidence reasonably satisfactory to Lender Administrative Agent of compliance by Borrower and the PropertyProject, and the proposed construction, use and occupancy of the Improvements, with such other applicable laws Laws and governmental requirements as Lender Administrative Agent may reasonably request, including all laws Laws and governmental requirements regarding access and facilities for handicapped or disabled persons including, without limitation and to the extent applicable, Part V of the Florida Building Construction Standards Act entitled "Accessibility by Handicapped Persons", Chapter 553, FLORIDA STATUES; The Federal Architectural Barriers Act (42 U.S.C. ss. 4151 ET SEQet seq.), The Fair Housing Amendments Act of 1988 (42 U.S.C. ss. 3601 ET SEQet seq.), The Americans With Disabilities Act of 1990 (42 U.S.C. ss. 12101 ET SEQet seq.), The Rehabilitation Act of 1973 (29 U.S.C. ss. 794) ), and any applicable state requirements.