Improvements to be Constructed. The Entity represents that, subject to the satisfaction of all Project Contingencies as provided in the Redevelopment Agreement, it will acquire and construct or cause to be constructed the Project in accordance with the Redevelopment Agreement and the Redevelopment Plan, the use of which Project is more specifically described in the Exemption Application.
Improvements to be Constructed. (i) Landlord shall cause its contractor to construct and install the improvements to the Premises, other than those improvements which are specified as "Tenant's Work" on the Construction Documents, in accordance with the Construction Documents (the "Landlord's Work"); provided, however, that Landlord reserves the right (a) to make substitutions of materials or components of equivalent grade and quality when and if any specified material or component shall not be readily available, and to make changes to the work necessitated by conditions met in the course of construction, provided that if the architect determines that any change is material and substantial in nature, then Tenant's approval of such change shall first be obtained (which approval shall be deemed given unless withheld in writing within two (2) business days following Landlord's request therefor). In the event Landlord and Tenant have any differences with respect to changes each desires to make to the Construction Documents, Landlord and Tenant shall promptly meet and use good faith efforts to resolve the differences.
(ii) Tenant shall be entitled to a construction allowance equal to Thirty-Five Dollars ($35.00) per rentable square foot of the Premises or Three Hundred Seventy-Seven Thousand Two Hundred Sixty-Five Dollars ($377,265.00) (the "Allowance"). The Allowance shall be applied against the total cost the Construction Documents, the cost of the demolition of the Premises and the cost of providing improvements in accordance with the Plans, including, but not limited to, the Landlord's Work. To the extent such costs exceed the Allowance, the excess shall be additional rent and shall be paid by Tenant to Landlord within thirty (30) days of Tenant's receipt of an invoice therefor. If the cost of the Landlord's Work and the Construction Documents exceeds the amount of the Allowance, Tenant may apply any unused portion of the Allowance provided to Tenant under that certain lease between Landlord and Tenant concerning the retail space on the ground floor of the Building (the "Bank Lease") to the of such excess costs, and, if after the application of the unused portion, if any, of the Allowance under the Bank Lease to the payment of the excess costs, there are any remaining costs, Tenant shall reimburse Landlord for such remaining costs within thirty (30) days of Tenant's receipt of an invoice therefor, and the amount of such remaining costs shall be considered additional rent. If the cost of t...
Improvements to be Constructed. The Entity represents, covenants and warrants that it will construct, operate and maintain the Project, or cause the Project to be constructed, operated and maintained, in accordance with the Redevelopment Agreement, the Redevelopment Plan and Applicable Law, the proposed use of which is more specifically described in the Exemption Application. The Project shall consist of the construction of one hundred eleven (111) for-sale Townhomes to be located in twenty-one three-story structures, of which seven (7) Townhomes shall
Improvements to be Constructed. Developer shall furnish, install, and construct, at its own expense, the Public Improvements, in conformance with the Site Plan and the Construction Plans approved by the Town.
Improvements to be Constructed. Subdivider shall construct, or cause to be constructed, within or associated with Subdivision [9609], in the city of Richmond, California, all of the improvements referred to in Section 00.00.000.000 of the Municipal Code of City together with such other improvements desired by Subdivider or required by City as set forth on July 26, 2022 (the “Improvement Plans and Specifications”), all at Subdividers’ expense (the “Improvements”). Without limiting the generality of the foregoing:
a. All such improvements shall be constructed in accordance with the Improvement Plans and Specifications prepared by Subdivider and approved by the City Engineer.
b. The water and electric systems, the telephone and cable television systems and the sanitary sewer and storm drain systems shall service the lots in said subdivision unless otherwise authorized by the City Engineer, and shall be satisfactory to the appropriate utility company and City.
c. Boundary and street monuments shall be installed at all points shown on the Final Map of said subdivision and cornerstakes shall be set as required by Section 00.00.000.000 of the Municipal Code of the City. A street monument list shall be submitted, as detailed in Section 00.00.000.000(E), after the monuments have been installed and shall include the elevation and coordinates of each monument.
d. All improvements to be constructed on property other than public property shall be constructed in accordance with the approved Improvement Plans and Specifications of said subdivision and approved by the Building Regulations and Planning Department.
e. All planting for erosion control and all landscaping and planting as required by City and as shown on the Improvement Plans shall be installed to the satisfaction of the Parks and Landscaping Division and the Planning Department of the City.
f. All offsite improvements required in connection with the subdivision, including paving, concrete work, utility work and landscaping, within any public right-of way or City owned property shall be constructed in accordance with the Improvement Plans and Specifications prepared by Subdivider and approved by the City Engineer. City will provide access or easements necessary for the construction and use of Improvements on City owned property.
g. In the course of building offsite improvements shown on the Improvement Plans, Subdivider shall replace, or have replaced, or repair or have repaired, as the case may be, all existing pipes, structures, mechanical...
Improvements to be Constructed. Landlord will make or construct certain improvements in the Premises ("Tenant Improvements") substantially in accordance with the Working Drawings and Specifications (as hereinafter defined) and subject and according to the terms and conditions set forth herein.
Improvements to be Constructed. The Entity agrees to construct the Improvements in accord with the Redevelopment Plan as more specifically described in the Application (attached hereto as Exhibit A).
Improvements to be Constructed. Landlord, at its own cost and expense, shall perform the work and make the installations in the Premises that are designated as Landlord's Work in Exhibit D, attached hereto and incorporated herein by reference. Landlord, at Tenant's cost and expense, shall perform the work and make the installations in the Premises that are designated as Tenant's Work in Exhibit D. Except as expressly set forth in Exhibit D, Landlord has made no promise to alter, remodel or improve the Premises, the Building or the Property.
Improvements to be Constructed. The Premises shall be prepared for the occupancy of Tenant in accordance with the Plans and Specifications attached as Exhibit C and outlined in Rider A, (the Work Letter Agreement).
Improvements to be Constructed. The Entity represents, covenants and warrants that it will construct, operate and maintain the Project, or cause the Project to be constructed, operated and maintained, in accordance with the Redevelopment Agreement, the Redevelopment Plan and Applicable Law, the proposed use of which is more specifically described in the Exemption Application. The Project shall consist of the construction of twelve (12) rental housing units for disabled veterans to be located in two three-story buildings each containing not less than six (6) two- bedroom apartments, all of which shall meet the affordability requirements contained in the Redevelopment Agreement and will be owned by or leased to a veterans’ housing provider, together with related improvements, all as more fully described in the Redevelopment Agreement. Subject to the foregoing requirements, the Project shall be a separate, stand-alone, non-inclusionary development. Four (4) of the apartments (i.e., the ground floor units) shall be ADA-compliant and the remaining eight (8) apartments (i.e., the second and third-floor units) shall be ADA-adaptable. All apartments shall be subject to affordability controls of not less than thirty (30) years and any lease and/or sale of any apartments to any Veteran’s Housing Provider (as defined in the Redevelopment Agreement) shall be subject to the prior review and approved in writing by the Borough, which approval shall not be unreasonably withheld. The affordable element to the Redevelopment Project (of which the Project is a part) shall be implemented by phasing consistent with N.J.A.C. 5:93-5.6(d) which will include a minimum of a pro-rata share of affordable units constructed as the market for sale residential units are built. All of the apartments shall be consistent with the applicable standards of the Uniform Housing Affordability Control Rules, N.J.A.C. 5:80-26.1 et seq.
