Certificate of Substantial Completion. (a) The Developer shall furnish a Certificate of Substantial Completion, in substantially the form of Exhibit D, which is hereby incorporated by reference, to the City. (b) The appropriate City official shall diligently process the submitted Certificate of Substantial Completion, including making such inspections as may be reasonably necessary to verify the accuracy of the project architect’s certifications accompanying the Certificate of Substantial Completion. The appropriate City official shall accept or reject the Certificate of Substantial Completion in writing within 45 days following delivery to the City. If the City fails to approve or reject the Certificate of Substantial Completion in writing within such 45-day period, then the Developer shall notify the City in writing of the City’s failure to take action on the Certificate of Substantial Completion and the City shall have 45 days from receipt of such notice to accept or reject the Certificate of Substantial Completion in writing. If the City has not accepted or rejected the Certificate of Substantial Completion within such 45- day period, the Certificate of Substantial Completion shall be deemed accepted by the City as of the expiration of such 45-day period. If the appropriate City official rejects the Certificate of Substantial Completion, such rejection shall specify in reasonable detail in what respects the Developer has failed to complete the Work in reasonable accordance with the provisions of this Agreement, or in what respects the Developer is otherwise in default, and what measures or acts the Developer must take or perform, in the good faith opinion of such City official, to obtain such acceptance. (c) The City may issue any and all appropriate certificates of occupancy in accordance with the Municipal Code, even if the City has not yet accepted the Certificate of Substantial Completion.
Appears in 3 contracts
Samples: Development and Performance Agreement, Development and Performance Agreement, Development and Performance Agreement
Certificate of Substantial Completion. (a) The Promptly after substantial completion of each of the Initial Work for the North Phase and the Initial Work for the South Phase, the Developer shall furnish a Certificate of Substantial Completion, Completion to the City. The Certificate of Substantial Completion shall be in substantially the form of Exhibit DC, which is hereby attached hereto and incorporated herein by reference, to the City.
(b) The appropriate City official shall diligently process shall, within 30 days following delivery of the submitted Certificate of Substantial Completion, including making make such inspections as may be reasonably necessary to verify to its reasonable satisfaction the accuracy of the project architect’s certifications accompanying the Certificate of Substantial Completion. The appropriate City official shall accept or reject the Certificate of Substantial Completion in writing within 45 days following delivery to the City. If the City fails to approve or reject the Certificate of Substantial Completion in writing within such 4530-day period, then the Developer shall notify the City in writing of the City’s its failure to take action on the Certificate of Substantial Completion and the City shall have 45 fifteen (15) days from receipt of such notice to accept or reject the applicable Certificate of Substantial Completion in writing. If the City has not accepted or rejected the Certificate of Substantial Completion within such 45- day period, the The Certificate of Substantial Completion shall be deemed accepted by the City as of unless, prior to the expiration end of such 45-additional 15- day period, the appropriate City official accepts or rejects the Certificate of Substantial Completion. If the appropriate City official rejects the a Certificate of Substantial CompletionCompletion and/or accompanying certifications, such rejection shall specify in reasonable detail in what respects the Developer has failed to complete the Initial Work for the North Phase or the South Phase, as applicable, in reasonable accordance with the provisions of this Agreement, or in what respects the Developer is otherwise in default, and what reasonable measures or acts the Developer must take or perform, in the good faith opinion of such City official, to obtain such acceptance. Upon acceptance of the Certificate of Substantial Completion by the City or upon the lapse of the additional 15-day period referenced above without any written objections thereto, the Developer may record the Certificate of Substantial Completion with the St. Louis County Recorder, and the same shall constitute evidence of the satisfaction of the Developer’s agreements and covenants to perform the Initial Work for the North Phase or South Phase, as applicable.
(c) The City Upon acceptance (or deemed acceptance) of any Certificate of Substantial Completion by the City, the Developer may issue any and all appropriate certificates of occupancy in accordance with the Municipal Code, even if the City has not yet accepted record the Certificate of Substantial CompletionCompletion with the St. Louis County Recorder, and the same shall constitute evidence of the satisfaction of the Developer’s agreements and covenants to perform the applicable portion of the Work in accordance with this Agreement.
Appears in 1 contract
Samples: Redevelopment Agreement
Certificate of Substantial Completion. (a) Promptly after substantial completion of each District Project Phase in accordance with the provisions of this Agreement, the Developer will furnish to the District and the City a Certificate of Substantial Completion so certifying for such applicable District Project Phase. The Developer shall furnish a District and the City shall, within 30 days following delivery of the Certificate of Substantial Completion, in substantially the form of Exhibit D, which is hereby incorporated by reference, to the City.
(b) The appropriate City official shall diligently process the submitted Certificate of Substantial Completion, including making carry out such inspections as may be reasonably they deem necessary to verify to their reasonable satisfaction the accuracy of the project architect’s certifications accompanying contained in the Certificate of Substantial Completion. The appropriate City official shall accept or reject the Certificate of Substantial Completion in writing within 45 days following delivery to the City. If the City fails to approve or reject the Certificate of Substantial Completion in writing within such 45-day period, then the Developer shall notify the City in writing of the City’s failure to take action on the Certificate of Substantial Completion and the City shall have 45 days from receipt of such notice to accept or reject the Certificate of Substantial Completion in writing. If the City has not accepted or rejected the Certificate of Substantial Completion within such 45- day period, the Certificate of Substantial Completion shall be deemed accepted by the District and the City as of unless, prior to the expiration end of such 4530-day period. If period after delivery to the appropriate District and the City official rejects of the Certificate of Substantial Completion, the District or the City furnishes the Developer with specific written objections to the status of the District Project Phase detailed in the submitted Certificate of Substantial Completion, describing such rejection shall specify objections and the measures required to correct such objections in reasonable detail in what respects detail.
(b) Upon acceptance of the Certificate of Substantial Completion by the District and the City or upon the lapse of 30 days after delivery thereof to the District and the City without any written objections thereto, the Developer has failed may record the Certificate of Substantial Completion with the County Recorder, and the same shall constitute evidence of the completion by the Developer of that District Project Phase. A Certificate of Substantial Completion issued for each District Project Phase shall be in substantially the form of Exhibit C, attached hereto and incorporated herein by reference.
(c) The District’s and the City’s acceptance or deemed acceptance of a Certificate of Substantial Completion shall not require the City to complete issue any temporary or final occupancy permits (which shall only be issued in accordance with the Work applicable provisions of the City Code). Likewise, any issuance of a temporary or final occupancy permit by the City shall not require the District or the City to accept any Certificate of Substantial Completion (which shall only be accepted by the District and the City in reasonable accordance with the provisions of this Agreement, or in what respects the Developer is otherwise in default, and what measures or acts the Developer must take or perform, in the good faith opinion of such City official, to obtain such acceptance).
(c) The City may issue any and all appropriate certificates of occupancy in accordance with the Municipal Code, even if the City has not yet accepted the Certificate of Substantial Completion.
Appears in 1 contract
Samples: Development Agreement
Certificate of Substantial Completion. (a) The Upon substantial completion of the Work, the Developer shall furnish a Certificate of Substantial Completion, Completion to the City. The Certificate of Substantial Completion shall be in substantially the form of Exhibit DC, which is hereby attached hereto and incorporated herein by reference, to the City.
(b) The appropriate City official shall diligently process the submitted Certificate of Substantial Completion, including making such inspections as may be reasonably necessary to verify the accuracy of the project architect’s certifications accompanying the Certificate of Substantial Completion. The appropriate City official shall accept or reject the any Certificate of Substantial Completion Completion, and the accompanying certifications of the project architect, and shall do so in writing within 45 forty-five (45) days following delivery to the City. If the City fails to approve or reject the Certificate of Substantial Completion in writing within such 45-day period, then the Developer shall notify the City in writing of the City’s its failure to take action on the Certificate of Substantial Completion and the City shall have 45 thirty (30) days from receipt of such notice to accept or reject the applicable Certificate of Substantial Completion in writing. If the City has not accepted or rejected the applicable Certificate of Substantial Completion within such 45- 30-day period, the Certificate of Substantial Completion shall be deemed accepted by the City as of the expiration of such 45-day periodCity. If the appropriate City official rejects the a Certificate of Substantial CompletionCompletion and/or accompanying certifications, such rejection shall specify in reasonable detail in what respects the Developer has failed to complete the Work in reasonable accordance with the provisions of this Agreement, or in what respects the Developer is otherwise in default, and what reasonable measures or acts the Developer must take or perform, in the good faith opinion of such City official, to obtain such acceptance.
(c) The City Upon acceptance (or deemed acceptance) of any Certificate of Substantial Completion by the City, the Developer may issue any and all appropriate certificates of occupancy in accordance with the Municipal Code, even if the City has not yet accepted record the Certificate of Substantial CompletionCompletion with the St. Louis County Recorder, and the same shall constitute evidence of the satisfaction of the Developer’s agreements and covenants to perform the Work in accordance with this Agreement.
Appears in 1 contract
Samples: Redevelopment Agreement
Certificate of Substantial Completion. (a) The Developer shall furnish a Certificate of Substantial Completion, in substantially the form of Exhibit D, which is hereby incorporated by reference, to the City.
(b) The appropriate City official shall diligently process the submitted Certificate of Substantial Completion, including making such inspections as may be reasonably necessary to verify the accuracy of the project architect’s certifications accompanying the Certificate of Substantial Completion. The appropriate City official shall accept or reject the Certificate of Substantial Completion in writing within 45 days following delivery to the City. If the City fails to approve or reject the Certificate of Substantial Completion in writing within such 45-day period, then the Developer shall notify the City in writing of the City’s failure to take action on the Certificate of Substantial Completion and the City shall have 45 days from receipt of such notice to accept or reject the Certificate of Substantial Completion in writing. If the City has not accepted or rejected the Certificate of Substantial Completion within such 45- 45-day period, the Certificate of Substantial Completion shall be deemed accepted by the City as of the expiration of such 45-day period. If the appropriate City official rejects the Certificate of Substantial Completion, such rejection shall specify in reasonable detail in what respects the Developer has failed to complete the Work in reasonable accordance with the provisions of this Agreement, or in what respects the Developer is otherwise in default, and what measures or acts the Developer must take or perform, in the good faith opinion of such City official, to obtain such acceptance.
(c) The City may issue any and all appropriate certificates of occupancy in accordance with the Municipal Code, even if the City has not yet accepted the Certificate of Substantial Completion.
Appears in 1 contract