Construction Covenant. The Contractor hereby covenants and agrees to undertake and complete the Work in a good, substantial and workmanlike manner. The Contractor further agrees to provide the materials, labor, tools, and equipment necessary to properly and expeditiously complete the Work in strict accordance with the requirements of the Contract and to accept payment of the Contract Amount as complete compensation therefor (including all of the expenses, direct or indirect, incurred by the Contractor in connection therewith).
Construction Covenant. 45. Without limiting the generality of section 42, subject to the qualifications set out therein, the Owner further agrees to the incorporation of a requirement for a Construction Covenant, substantially in the form attached as Schedule “S” hereto, speaking to the following matters, as a precondition to subdivision approval:
(a) compliance with the CEMP, including a requirement to for the Owner monitor the adherence of construction activities to the CEMP;
(b) the identification of any wildlife trees that are to be removed, and the provision of compensation for same through the creation of habitat providing equivalent habitat benefits;
(c) arborist assessment of tree retention and tree management in Streamside Protection and Enhancement Areas where a pre‐construction assessment is required by the Riparian Areas Regulation; and
(d) archaeological assessment.
Construction Covenant. Subject to extensions of the time periods for Grantee’s performance set forth in Section 602 of the DDA, Grantee shall cause the completion of the [insert Retail Component or the Residential Component, as applicable] by the dates set forth therefor in the Schedule of Performance.
Construction Covenant. Developer shall carry out the Project in accordance with the Project Construction Schedule and in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the State of California, the County of Orange, the City or any other political subdivision in which the Site is located, and of any other political subdivision, agency or instrumentality exercising jurisdiction over the City, the Developer, or the Site, including all applicable federal, state and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, applicable prevailing wage requirements, the City Zoning and Development Standards (as they apply to the Site and the Project), building, plumbing, mechanical and electrical codes, as they apply to the Site and the Project, and all other provisions of the City of Anaheim and its Municipal Code, (as they apply to the Site and the Project), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. §12101 et seq., Government Code §4450 et seq., and the Xxxxx Civil Rights Act, Civil Code §51 et seq. (“Governmental Requirements”). The provisions of this Section shall survive the Close of Escrow and shall not be merged with the Grant Deed(s).
Construction Covenant. Subject to extensions of the time periods for Developer’s performance set forth in Section 602 below, Retail Developer and Residential Developer shall cause the completion of the Residential Component and the Retail Component, respectively, by the dates set forth therefor in the Schedule of Performance.
Construction Covenant. Subject to extensions of the time periods for Developer’s performance set forth in Section 602 below, Developer shall cause the completion of the Applicable Improvements by the dates set forth therefor in the Schedule of Performance.
Construction Covenant. 45. Without limiting the generality of section 42, subject to the qualifications set out therein, the Owner further agrees to the incorporation of a requirement for a Construction Covenant, substantially in the form attached as Schedule “S” hereto, speaking to the following matters, as a precondition to Subdivision approval or issuance of a building permit, whichever comes first, within a Phase:
(a) compliance with the CEMP, including a requirement to for the Owner monitor the adherence of construction activities to the CEMP;
(b) the identification of any wildlife trees that are to be removed, and the provision of compensation for same through the creation of habitat providing equivalent habitat benefits;
(c) arborist assessment of tree retention and tree management in Streamside Protection and Enhancement Areas where a pre-construction assessment is required by the Riparian Areas Regulation; and
(d) archaeological assessment.
Construction Covenant. Subject to extensions of the time periods for Developer’s performance set forth in Section 602 below, Developer shall cause the completion of the Required Improvements by the dates set forth therefor in the Schedule of Performance. Operating Covenants. Commencing on the opening for business of the Required Improvements and terminating 20 years thereafter (the “Operating Period”), Developer hereby covenants and agrees to construct and maintain for operation the Required Improvements; provided, however, nothing contained herein shall require any occupant of the Required Improvements to operate its business on the Site. Maintenance Covenants. Commencing on the Close of Escrow and terminating 30 years thereafter, the Developer shall maintain the Site and all improvements thereon, including the Festival Green and all landscaping, in full compliance with the terms of all applicable provisions of the City Municipal Code, and in compliance with industry standards for a first class retail shopping center. Without limiting the forgoing, the Developer shall specifically maintain the Site and all improvements thereon, including lighting and signage, in good condition, free of debris, waste and graffiti and in accordance with the “Maintenance Standards” hereinafter defined. Such Maintenance Standards shall apply to all buildings, signage, lighting, landscaping, irrigation of landscaping, architectural elements identifying the Site and any and all other improvements on the Site. To accomplish the maintenance, Developer shall either staff or contract with and hire qualified personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Agreement. In addition, Developer shall comply with the Environmental Deed Restrictions during the term of its ownership. The following maintenance standards (the “Maintenance Standards”) shall be complied with by Developer and its maintenance staff, contractors or subcontractors, in addition to any requirements or restrictions imposed by the Responsible Agencies: All improvements to the Site shall be maintained in conformance and in compliance with the reasonable commercial development maintenance standards for similar first quality retail commercial shopping centers in California, including but not limited to: painting and cleaning of all exterior surfaces and other exterior facades comprising all private ...
Construction Covenant. (a) Unither hereby covenants and agrees that the initial phase of the Project shall be “Substantially Completed” by the date (the “Substantial Completion Date”) which is no later than the later to occur of (i) October 1, 2007, or (ii) the date which is two (2) years after the issuance of the Development Approvals. Notwithstanding the foregoing, the Substantial Completion Date shall be extended one (1) day for each day that the construction of the initial phase of the Project cannot be undertaken or Substantially Completed due to events of Force Majeure.
(b) For purposes of paragraph 2(a) above, the initial phase of the Project shall be deemed to be “Substantially Completed” on the date that Unither’s architect shall execute a certificate of substantial completion certifying, in part, that construction of the initial phase of the Project has been substantially completed and is available for occupancy (subject to issuance of a certificate of use and occupancy by the Mxxxxxxxxx County Department of Permitting Services) for one or more of the Permitted Uses.
(c) Promptly after the initial phase of the Project has been Substantially Completed, upon request made by Unither to the County, the County shall execute a written release of the Construction Covenant to be recorded among the Land Records of Mxxxxxxxxx County, Maryland.
Construction Covenant. Subject to extensions of the time periods for Participant's performance set forth in Section 702 below, Participant shall cause the completion of the Participant Improvements by the dates set forth therefore in the Schedule of Performance.
