City Approvals. A. Review, approval or inspection by the City or PAID or PIDC-LDC of any plans, work, or other materials submitted or performed by Subgrantee in connection with this Subgrant Agreement shall not constitute any representation, warranty or guaranty by the City or PAID or PIDC-LDC as to the substance or quality of the matter reviewed, approved, or tested. No person or firm shall rely in any way on such review, approval, or test, and at all times Subgrantee shall use its own independent judgment as to the accuracy and quality of all such matters. Review or approval by any City or PAID or PIDC-LDC official of any work performed by third parties shall not constitute or be construed to constitute approval otherwise required by the City’s boards and commissions in connection with any and all aspects of such work.
B. This Subgrant Agreement shall not be construed to constitute an approval or permit required to be given by a City department or agency under Applicable Law (defined below). Subgrantee or its contractor shall be responsible for obtaining all permits, required by any governmental entity, to complete the Project.
City Approvals. Unless specifically provided to the contrary herein, all approvals of City hereunder may be given by the City Manager or his/her designee without the necessity of any action by the City Council. The City Manager, at his/her discretion, may seek the advice or consent of the City Council for any requested approval.
City Approvals. Buyer's obligation to proceed with the Transaction is contingent upon the City of Durham, and any other applicable governmental authorities having jurisdiction over the Property, granting and adopting any necessary amendment to any development plan applicable to the Property, all zoning approvals, site plan approvals and ordinances necessary for Buyer's proposed development and use of the Property as a luxury multifamily housing community containing at least 320 multi-family units, together with associated parking and other related amenities and infrastructure, in each case subject only to stipulations, conditions and restrictions acceptable to Buyer in its sole and absolute discretion (collectively, the "City Approvals"). The City Approvals shall be deemed obtained when final, unappealable approvals for such City Approvals are adopted by the City of Durham and the statutory periods for any appeal, protest or referendum have expired without an appeal, protest or referendum being filed or pursued, or if such appeal shall have been taken, such appeal(s) shall have been finally and conclusively resolved in favor of the applicable approval. Buyer shall pursue the City Approvals on the following terms and conditions:
(a) Prior to the expiration of the Inspection Period, Buyer shall provide written notice to Seller of Buyer’s third party professional consultants that Buyer intends to engage to assist in obtaining City Approvals (“Buyer’s Consultants”). Buyer shall select Buyer’s Consultants who are in Buyer’s opinion experienced in working with the Durham City-County Planning Department (the “Planning Department”) and in pursuing project approvals similar to the City Approvals.
(b) Buyer and Buyer’s Consultants shall prepare, at Buyer’s sole cost and expense, such documents and applications as may be required to obtain all of the City Approvals Buyer and Buyer’s Consultants determine to be required (collectively, the “Applications”) and shall submit the Applications to Seller for its review and approval (which shall not be unreasonably withheld or delayed) no later than forty-five (45) days following expiration of the Inspection Period, time being of the essence, provided that nothing contained in this Agreement shall prohibit Buyer from preparing the Applications and pursuing their submittal in accordance with this Section 5.8 prior to the expiration of the Inspection Period. In no event shall the Applications include any proposal that would adversely affect an...
City Approvals. Except as otherwise indicated elsewhere in this Agreement, wherever in this Agreement approvals are required to be given or received by City, it is understood that the CEO, or a designee of the CEO, is hereby empowered to act on behalf of City. Further, except as otherwise indicated elsewhere in this Agreement, wherever in this Agreement approvals are required to be given by the CEO, it is understood that the CEO may further delegate such authority through the Concessions Handbook and/or Tenant Work Permit Handbook.
City Approvals. Seller acknowledges that Purchaser’s ability to proceed to Closing pursuant to this Agreement and the Converge Contract is conditioned upon Purchaser obtaining the following approvals: (i) City Council approval (with Planning Commission recommendation) of the acquisition of the Property and disposition of the Property and the City Parcel, as set forth in this Agreement and the Converge Contract, and (ii) approval by City Council of budget amendments that provide for the transfer of funds as set forth in this Agreement and the Converge Contract (together, the “City Approvals”). Purchaser shall, during the Feasibility Period, diligently pursue obtaining the City Approvals. Once the City Approvals have been obtained, reasonable evidence of the City Approvals shall be provided to Seller. In the event that the City Approvals have not been obtained by the expiration of the Feasibility Period, the Feasibility Period shall be extended on a day-for-day basis until the date that the City Approvals have been obtained.
City Approvals. The City acknowledges that it has reviewed Developer’s construction schedule (“Developer’s Construction Schedule”), submitted as part of its RFQ/P Phase II response, and that it believes that the Developer’s assumptions related to City permitting, licensing and regulatory approvals are generally reasonable. Notwithstanding any other provisions of this Agreement, the City agrees, to the fullest extent permitted by Applicable Law, to process Developer’s (or its consultants and subconsultants, and contractors and subcontractors, on Developer’s behalf) permitting, licensing and regulatory approvals, and any other Approvals over which the City has control, in a manner consistent with the Developer’s Construction Schedule, as long as Developer has submitted complete supporting documentation (including payment of all applicable fees) and such approval is consistent with the Concept Design Documents and the Project Description and applicable laws. Further, the City agrees to the fullest extent permitted by Applicable Law, upon request by Developer (or its consultants and subconsultants, and contractors and subcontractors on Developer’s behalf) to process Developer’s permitting, licensing and regulatory approvals, and any other Approvals over with the City has control, on an expedited basis, as long as Developer has submitted complete supporting documentation (including payment of all applicable fees for expedited service) and such approval is consistent with the Concept Design Documents and the Project Description.
City Approvals. Before commencing construction of any Element, Assignee will be responsible for obtaining the required City Element Approval and all other permits, licenses, and approvals in accordance with applicable Legal Requirements that are necessary for the applicable Element to be lawfully constructed.
City Approvals. (A) Unless otherwise specifically provided in this Agreement, whenever the City’s consent or approval may be required under the terms of this Agreement, that consent or approval may be granted, withheld or conditioned by the Commissioner as representative for the City. Except as provided in the following sentence, consents or approvals will not be unreasonably withheld, delayed or conditioned. Consents or approvals that are given in the City’s capacity as a municipal corporation or airport operator, including consents or approvals that affect airport operations, life\safety or security issues, may be granted, withheld, or conditioned in the Commissioner’s sole and absolute discretion.
(B) No review or approval by the Commissioner, including approval of 100% Complete Construction Documents, constitutes a modification of this Agreement (except to the extent that the review or approval expressly provides that it constitutes such a modification or it is apparent on its face that the review or approval, if made in writing, modifies terms or provisions of this Agreement that are within the express powers of the Commissioner under this Agreement to modify), nor excuse Licensee from compliance with the requirements of this Agreement or of any applicable laws, ordinances or regulations.
City Approvals. The CITY shall issue all permits and approvals necessary for the Development of the DEVELOPER Property including, without limitation, building plans, engineering plans, and other permits and certificates of occupancy, provided that the DEVELOPER submits all petitions and applications for such permits and approvals and pays all fees required under applicable CITY ordinances, standards, rules, and regulations, and all the plans and work related to the Development conform to the applicable Federal, State, and local laws, codes, and regulations.
City Approvals. Prior to or concurrently with the conveyance of a Phase, the Developer must have obtained the City Approvals for the Phase and the Developer must have paid the required fees to the City and must have provided letters from the applicable bonding company(s) agreeing to issue the required improvement bonds upon the Close of Escrow.
