Common use of Buyer Actions Clause in Contracts

Buyer Actions. (a) In connection with the Project, the Buyer shall: 1. Submit final construction plans, including a site plan, detailed fencing, paving and landscaping plan, and building elevations (“Final Plans”) to the DCD for approval prior to closing for the Property. Final Plans must conform to DCD approved preliminary plans submitted by Buyer on in response to the Request for Proposal (or with initial development proposal) as revised in response to DCD comments (and if applicable: and according to the Design Criteria attached as Exhibit B hereto). Final Plans shall be submitted to the City through DCD’s Development Center as part of Buyer’s application for building permits. Buyer shall revise Final Plans as recommended by DCD’s Design Review Team. 2. Submit a final construction budget (“Final Budget”) and evidence of financing and/or equity for the Project in a form satisfactory to the DCD prior to conveyance of the Property. 3. Be responsible for all Project expenses including, but not limited to, Final Plan preparation, survey costs including the cost for a Certified Survey Map, extension of water and sewer laterals to the Property, relocation of any utilities on the Property, provision of utilities to the Property and provision and/or replacement of public sidewalks, curbs, curb cuts and/or driveway approaches. 4. Commence construction of the Project within thirty (30) days following Closing for the Property pursuant to Section 4 and complete construction including landscaping, within twelve (12) months following Closing, subject to force majeure delays, and other delays not within the control of the Buyer. (b) Covenants and agrees that no additional buildings, structures, or other similar improvements shall be constructed on the Property without the prior written approval of DCD, including without limitation because of enumeration, any addition to or expansion of any principal building currently located on or presently proposed for construction on the Property or any accessory building to such principal building. (c) Comply with the City’s Emerging Business Enterprise (EBE) policy. Buyer agrees to EBE participation that is at least 18% of the total Project budget and shall obtain a list of City certified EBE’s from and execute an EBE agreement for the Project with the City EBE Program Office prior to Closing. After completion of the Project, Buyer shall report on its use of EBE’s to DCD in terms of the total number of EBE contractors used and the dollar volume of such contracts. Such information shall be provided in writing prior to or with Buyer's request for a Certificate of Completion pursuant to Section 7 of this Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement

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Buyer Actions. (a) In connection with the Project, the Buyer shall: 1. Submit final construction plans, plans including building plans and elevations and a site plan, detailed plan detailing fencing, paving and landscaping plan, and building elevations (collectively “Final Plans) to the DCD for approval prior to closing for the PropertyProperty as defined in Section 4 (a) (“Closing”). Final Plans must conform to DCD approved preliminary plans submitted by Buyer Xxxxx on in response to the Request for Proposal (or with initial development proposal) Property Listing and as revised in response according to DCD Plan Review comments (and if applicable: and according to the Design Criteria criteria attached as Exhibit B hereto). B. Final Plans and Scope of Work shall be submitted to the City through DCD’s Development Center as part of Buyer’s application Real Estate Office prior to applying to City for building permits. Buyer shall revise Changes made to Final Plans as recommended by DCD’s Design Review Teammay require Common Council confirmation if the Commissioner of DCD determines that the changes differ significantly from approved preliminary plans. 2. Submit a final construction budget (“Final Budget”) and evidence of firm financing and/or equity for the Project in a form satisfactory to the DCD Agency prior to conveyance of the PropertyClosing (“Financing Approval”). 3. Obtain a Certified Survey Map (CSM) to join underlying platted lots (or joining the Property with Xxxxx’s adjoining property at ) at Buyer’s expense if required by City’s Development Center as a condition of the building permit. The CSM must be approved by City’s Common Council prior to Closing pursuant to Section 4(a) and shall be recorded by City following Closing. 4. Be responsible for all Project expenses site development expenses, including, but not limited to, Final Plan preparation, survey costs including the cost for a Certified Survey Map, extension of water and sewer laterals to the Property, relocation of any utilities on the Property, provision of utilities to the Property and the provision and/or or replacement of public sidewalks, curbs, sidewalks and curb cuts and/or driveway approachescuts. 45. Commence construction of the Project within thirty (30) days following Closing for the Property pursuant to Section 4 and complete construction construction, including landscaping, within twelve (12) months following Closing, subject to force majeure delays, and other delays not within the control of the BuyerRedeveloper. Buyer shall apply for a Certificate of Occupancy at Closing for each unit of the Property and complete necessary work to receive the Certificate of Occupancy within the time period above. (b) Buyer Covenants and agrees that no additional buildings, structures, or other similar improvements shall be constructed on the Property without the prior written approval of DCD, including without limitation because of enumeration, any addition to or expansion of any principal building currently located on or presently proposed for construction on the Property or any accessory building to such principal building. (c) Xxxxx agrees to Comply with the City’s Emerging Small Business Enterprise (EBESBE) policy. Buyer Xxxxx agrees to EBE make best faith efforts for SBE participation that is at least 25% of Project construction costs and 18% of the total Project budget professional services. Buyer shall contact City’s Office of Small Business Development (“OSBD”) prior to Closing and shall obtain a list of City certified EBE’s from and SBEs. Buyer shall execute an EBE SBE agreement for with City prior to Closing if required by OSBD based on the amount of the Project with the City EBE Program Office prior to ClosingBudget and scope of renovations. After completion of the Project, Buyer shall report on its use of EBESBE’s to DCD DCD’s Real Estate Office in terms of the total number of EBE SBE contractors used and the dollar volume of such contracts. Such information shall be provided in writing prior to or with BuyerXxxxx's request for a Certificate of Completion pursuant to Section 7 of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Buyer Actions. (a) In connection with the Project, the Buyer shall: 1. Submit final construction plans, including a site plan, detailed fencing, paving and landscaping plan, and building elevations plans to the Seller for approval prior to closing as defined in Section 4 (“Closing”) for the Property (“Final Plans”) to the DCD for approval prior to closing for the Property). Final Plans must conform to DCD approved preliminary plans submitted approved by Buyer on in response to the Request for Proposal (or with initial development proposal) Seller and shall incorporate changes recommended as revised in response to DCD comments (and if applicable: and according to the Design Criteria attached as Exhibit B hereto)part of Seller’s approval. Final Plans shall be submitted to the Seller through the City through DCD’s Development Center as part of Buyer’s application for building permits. Buyer shall revise Final Plans as recommended by DCD’s Design Review Team. 2. Submit a final construction budget (“Final Budget”) and evidence of full Project financing and/or equity for the Project in a form satisfactory to the DCD Seller prior to conveyance of the PropertyClosing. 3. Be responsible for all Project expenses including, but not limited to, Final Plan preparation, survey costs including the cost for a Certified Survey Map, extension of water and sewer laterals to the Property, relocation of any utilities on the Property, provision of utilities to the Property and provision and/or replacement of public sidewalks, curbs, curb cuts and/or driveway approaches. 4. Commence construction of the Project within thirty (30) days following Closing for Closing. 4. Completed construction of the Property pursuant to Section 4 and complete construction including landscaping, Project within twelve eighteen (1218) months following Closing, subject to force majeure delays, and other delays not within the control of the Buyer. (b) Covenants Buyer covenants and agrees that no additional buildings, structures, or other similar improvements shall be constructed on the Property without the prior written approval of DCDthe Seller, including without limitation because of enumeration, any addition to or expansion of any principal building currently located on or presently proposed for construction on the Property or any accessory building to such principal building. (c) Comply Buyer agrees to comply with the City’s Emerging Small Business Enterprise (EBESBE) policy. Buyer agrees to EBE policy and shall make best faith efforts for SBE participation that is at least 25% of Project construction costs and 18% of the total Project budget professional services. Buyer shall contact City’s Office of Small Business Development (“OSBD”) prior to Closing and shall obtain a list of City certified EBE’s from and SBEs. Buyer shall execute an EBE SBE agreement for the Project with the City EBE Program Office prior to Closing. After completion of the Project, Buyer shall report on its use of EBESBE’s to DCD DCD’s Real Estate Office in terms of the total number of EBE SBE contractors used and the dollar volume of such contracts. Such information shall be provided in writing prior to or with Buyer's request for a Certificate of Completion (“Certificate”) pursuant to Section 7 of this Agreement.. SEC. 3. PURCHASE PRICE & XXXXXXX MONEY

Appears in 1 contract

Samples: Purchase and Sale Agreement

Buyer Actions. (a) In connection with the Project, the Buyer shall: 1. Submit final construction plans, including a site plan, detailed fencing, paving and landscaping plan, and building elevations plans to the Seller’s Department of City Development (“DCD”) for approval prior to closing as defined in Section 4 (“Closing”) for the Property (“Final Plans”) to the DCD for approval prior to closing for the Property). Final Plans must conform to DCD approved preliminary plans submitted approved by Buyer on in response to the Request for Proposal (or with initial development proposal) Seller and shall incorporate changes recommended as revised in response to DCD comments (and if applicable: and according to the Design Criteria attached as Exhibit B hereto)part of Seller’s approval. Final Plans shall be submitted to the City through DCDSeller’s Development Center as part of DCD Real Estate Section prior to Buyer’s application for building permits. Buyer shall revise Final Plans as recommended by DCD’s Design Review Team. 2. Submit a final construction budget (“Final Budget”) and evidence of full Project financing and/or equity for the Project in a form satisfactory to the Seller DCD Real Estate Section prior to conveyance of the PropertyClosing. 3. Be responsible for all Project expenses including, but not limited to, Final Plan preparation, survey costs including the cost for a Certified Survey Map, extension of water and sewer laterals to the Property, relocation of any utilities on the Property, provision of utilities to the Property and provision and/or replacement of public sidewalks, curbs, curb cuts and/or driveway approaches. 4. Commence construction of the Project within thirty (30) days following Closing for Closing. 4. Completed construction of the Property pursuant to Section 4 and complete construction including landscaping, Project within twelve eighteen (1218) months following Closing, subject to force majeure delays, and other delays not within the control of the Buyer. (b) Covenants Buyer covenants and agrees that no additional buildings, structures, or other similar improvements shall be constructed on the Property without the prior written approval of DCDthe Seller, including without limitation because of enumeration, any addition to or expansion of any principal building currently located on or presently proposed for construction on the Property or any accessory building to such principal building. (c) Comply Buyer agrees to comply with the City’s Emerging Small Business Enterprise (EBESBE) policy. Buyer agrees to EBE policy and shall make best faith efforts for SBE participation that is at least 25% of Project construction costs and 18% of the total Project budget professional services. Buyer shall contact Seller’s Office of Small Business Development (“OSBD”) prior to Closing and shall obtain a list of City Seller-certified EBE’s from and SBEs. Buyer shall execute an EBE SBE agreement for the Project with the City EBE Program Office Seller prior to Closing. After completion of the Project, Buyer shall report on its use of EBESBE’s to DCD DCD’s Real Estate Office in terms of the total number of EBE SBE contractors used and the dollar volume of such contracts. Such information shall be provided in writing prior to or with Buyer's request for a Certificate of Completion (“Certificate”) pursuant to Section 7 of this Agreement.. SEC. 3. PURCHASE PRICE & XXXXXXX MONEY

Appears in 1 contract

Samples: Purchase and Sale Agreement

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Buyer Actions. (a) In connection with the Project, the Buyer shall: 1. Submit final construction plans, plans including building plans and elevations and a site plan, detailed plan detailing fencing, paving and landscaping plan, and building elevations (collectively “Final Plans) and a Scope of Work for rehabilitation projects(if applicable) to the DCD for approval prior to closing for the Property. Final Plans (and Scope of Work, if applicable) must conform to DCD approved preliminary plans submitted by Buyer on in response to the Property Listing/Request for Proposal (or with initial development proposal) and as revised in response according to DCD Plan Review comments (and if applicable: and according to the Design Criteria criteria attached as Exhibit B heretoB). Final Plans and Scope of Work shall be submitted to the City through DCD’s Development Center as part of Buyer’s application Real Estate Office prior to applying to City for building permits. Buyer shall revise Changes made to Final Plans as recommended by DCD’s Design Review Teammay require Common Council confirmation if the Commissioner of DCD determines that the changes differ significantly from approved preliminary plans. 2. Submit a final construction budget (“Final Budget”) and evidence of firm financing and/or equity for the Project in a form satisfactory to the DCD Agency prior to conveyance of the PropertyClosing pursuant to Section 4 (“Financing Approval”). 3. Obtain a Certified Survey Map (CSM) to join underlying platted lots (or joining the Property with Xxxxx’s adjoining property at ) at Buyer’s expense if required by City’s Development Center as a condition of the building permit. The CSM must be approved by City’s Common Council prior to Closing pursuant to Section 4(a) and shall be recorded by City following Closing. 4. Be responsible for all Project expenses site development expenses, including, but not limited to, Final Plan preparation, survey costs including the cost for a Certified Survey Map, extension of water and sewer laterals to the Property, relocation of any utilities on the Property, provision of utilities to the Property and the provision and/or or replacement of public sidewalks, curbs, sidewalks and curb cuts and/or driveway approachescuts. 45. Commence construction of the Project within thirty (30) days following Closing for the Property pursuant to Section 4 and complete construction construction, including landscaping, within twelve (12) months following Closing, subject to force majeure delays, and other delays not within the control of the BuyerRedeveloper. Buyer shall apply for a Certificate of Occupancy at Closing for each unit of the Property and complete necessary work to receive the Certificate of Occupancy within the time period above. (b) Buyer Covenants and agrees that no additional buildings, structures, or other similar improvements shall be constructed on the Property without the prior written approval of DCD, including without limitation because of enumeration, any addition to or expansion of any principal building currently located on or presently proposed for construction on the Property or any accessory building to such principal building. (c) Xxxxx agrees to Comply with the City’s Emerging Small Business Enterprise (EBESBE) policy. Buyer Xxxxx agrees to EBE make best faith efforts for SBE participation that is at least 25% of Project construction costs and 18% of the total Project budget professional services. Buyer shall contact City’s Office of Small Business Development (“OSBD”) prior to Closing and shall obtain a list of City certified EBE’s from and SBEs. Buyer shall execute an EBE SBE agreement for with City prior to Closing if required by OSBD based on the amount of the Project with the City EBE Program Office prior to ClosingBudget and scope of renovations. After completion of the Project, Buyer shall report on its use of EBESBE’s to DCD DCD’s Real Estate Office in terms of the total number of EBE SBE contractors used and the dollar volume of such contracts. Such information shall be provided in writing prior to or with BuyerXxxxx's request for a Certificate of Completion pursuant to Section 7 of this Agreement.. SEC. 3. PURCHASE XXXXX, XXXXXXX MONEY & BROKER COMMISSION

Appears in 1 contract

Samples: Purchase and Sale Agreement

Buyer Actions. (a) In connection with the Project, the Buyer shall: 1. Submit final construction plans, including a site plan, detailed fencing, paving and landscaping plan, and building elevations plans to Seller for approval prior to closing as defined in Section 4 (“Closing”) for the Property (“Final Plans”) to the DCD for approval prior to closing for the Property). Final Plans must conform to DCD approved preliminary plans submitted by Buyer on in response to the Request for Proposal (or included with Xxxxx’s initial development proposal) submission and shall incorporate changes recommended as revised in response to DCD comments (and if applicable: and according to the Design Criteria attached as Exhibit B hereto)part of Seller’s review. Final Plans shall be submitted to the City through DCDSeller’s Development Center as part of BuyerReal Estate Office concurrently with Xxxxx’s application for building permits. Buyer shall revise Final Plans as recommended by DCD’s Design Review Team. 2. Submit a final construction budget (“Final Budget”) and evidence of full Project financing and/or equity for the Project to Sellers Real Estate Office in a form satisfactory to the DCD Seller prior to conveyance of the PropertyClosing. 3. Be responsible for all Project expenses including, but not limited to, Final Plan preparation, survey costs including the cost for a Certified Survey Map, extension of water and sewer laterals to the Property, relocation of any utilities on the Property, provision of utilities to the Property and provision and/or replacement of public sidewalks, curbs, curb cuts and/or driveway approaches. 4. Commence construction of the Project within thirty (30) days following Closing for Closing. 4. Completed construction of the Property pursuant to Section 4 and complete construction including landscaping, Project within twelve eighteen (1218) months following Closing, subject to force majeure delays, and other delays not within the control of the Buyer. (b) Covenants Buyer covenants and agrees that no additional buildings, structures, or other similar improvements shall be constructed on the Property without the prior written approval of DCDSeller, including without limitation because of enumeration, any addition to or expansion of any principal building currently located on or presently proposed for construction on the Property or any accessory building to such principal building. (c) Comply Xxxxx agrees to comply with the CitySeller’s Emerging Small Business Enterprise (EBESBE) policy. Buyer agrees to EBE policy and shall make best faith efforts for SBE participation that is at least 25% of Project construction costs and 18% of the total Project budget professional services. Buyer shall contact Seller’s Office of Small Business Development (“OSBD”) prior to Closing and shall obtain a list of City certified EBE’s from and Seller‐certified SBEs. Buyer shall execute an EBE SBE agreement for the Project with the City EBE Program Office prior to Closing. After completion of the Project, Buyer shall report on its use of EBESBE’s to DCD Seller’s Real Estate Office in terms of the total number of EBE SBE contractors used and the dollar volume of such contracts. Such information shall be provided in writing prior to or with BuyerXxxxx's request for a Certificate of Completion (“Certificate”) pursuant to Section 7 of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement

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