Timing of Improvements. Developer hereby agrees that construction of the Minimum Improvements on the Property shall be commenced within thirty (30) days after the Closing Date and shall be substantially completed by October 31, 2021. The time frames for the performance of these obligations shall be suspended due to unavoidable delays meaning delays, outside the control of the party claiming its occurrence in good faith, which are the direct result of strikes, other labor troubles, unusual shortages of materials or labor, unusually severe or prolonged bad weather, acts of God, fire or other casualty to the Minimum Improvements, litigation commenced by third parties which, by injunction or other similar judicial action or by the exercise of reasonable discretion directly results in delays, or acts of any federal, state or local government which directly result in extraordinary delays. The time for performance of such obligations shall be extended only for the period of such delay.
Timing of Improvements. If the Expansion Property Purchaser exercises its Expansion Election, Developer hereby agrees that construction of the Minimum Improvements shall be commenced within thirty (30) days after the Expansion Election Date and shall be substantially completed within nine (9) months of date of commencement of construction. The time frames for the performance of these obligations shall be suspended due to unavoidable delays meaning delays, outside the control of the party claiming its occurrence in good faith, which are the direct result of strikes, other labor troubles, unusual shortages of materials or labor, unusually severe or prolonged bad weather, acts of God, fire or other casualty to the Minimum Improvements, litigation commenced by third parties which, by injunction or other similar judicial action or by the exercise of reasonable discretion directly results in delays, or acts of any federal, state or local government which directly result in extraordinary delays. The time for performance of such obligations shall be extended only for the period of such delay.
Timing of Improvements. The improvements required to be installed by Owner under this Agreement shall be installed within two years of the date of execution of this Agreement. Building permits for lots in Project shall not be issued until the contracts for installation of the public improvements have been executed and monies sufficient to satisfy said contracts have been deposited in escrow. Owner acknowledges that City will not permit the occupancy of any residential structure in Project until street improvements and water and sanitary sewer mains within Project have been installed, tested and accepted by City, which acceptance will not be unreasonably withheld by City.
Timing of Improvements. Notwithstanding anything herein to the contrary, the Developer may advance funds and/or construct and install Improvements as Developer deems appropriate in its sole and absolute discretion, including the construction and installation of Improvements to serve portions of the Property and in different phases and sections over a period of time. Developer may exercise its sole discretion on all aspects of the phasing and timing of development and shall not be obligated to advance funds and/or construct and install the Improvements for the entire property at one time. The District or Developer may contract with District No. 1-A to oversee the construction, inspection, acquisition or maintenance of the Improvements and District No. 1-A shall take prudent actions related to same.
Timing of Improvements. The parties recognize the project will be built over time as the market demands and, due to the practical realities of construction, certain amenities will be installed as development of the project progresses. Therefore, the amenities required in Section 2.d. shall be installs pursuant to the following schedule: Paragraph Reference Proposed Site Amenity Units Permitted Prior to Construction of Amenity 2.c.1. Pool 320 2.c.2. Central Playground Equipment 320 2.c.3. Fenced Dog Park 700
Timing of Improvements. Owner agrees to install at Owner’s own cost and expense any public or private improvement or facility required by Chapter 26.23 (Development Standards) of the Lincoln Municipal Code. City agrees to support any request of Owner to defer installation of said improvements until the northwest corner of the North Lot abutting the final plat of the southwest corner of the North Lot is final platted.
Timing of Improvements. Owner may implement the Plan Documents, if at all, in phases in Owner’s sole and absolute discretion. It is the Parties’ specific intent that this Agreement shall prevail over any later-adopted, general initiative or moratorium that might otherwise have the effect of restricting or limiting the timing of development of the Project, and that Owner shall have the right to develop the Project at such time as Owner deems appropriate within the exercise of its subjective business judgment; and no annual (or other) later-adopted or approved limit, moratoria, or other limitation upon the number of, or phasing or pacing of, buildings which may be constructed, or building permits which may be obtained, or the like shall apply to the Project within the Term of this Agreement.
Timing of Improvements. Subject to the provisions of Weld County Code and any conditions or considerations granted by the Board of County Commissioners, Property Owner shall not be required to complete the aforementioned offsite improvements until the occurrence of the triggering event for each improvement, namely the application for the Grading Permit, Building Permit or Right- Of-Way access permit or the commencement of activities on the property(s).
Timing of Improvements. Subject to the provisions of Weld County Code and any conditions or considerations granted by the Board of County Commissioners, Property Owner shall not be required to initiate any applicable landscaping requirements until the occurrence of the triggering event for all improvements, namely the approval of the grading permit or an amendment to the existing USR. Except with prior County consent, no grading permit will be released until collateral is posted for all off-site improvements and the final Construction Plans have been submitted to and accepted by the Department of Public Works. Access and/or Right-Of-Way permits might also be required prior to approval of the grading permit. Grading shall not commence until Construction Plans are accepted. Any alterations to the accepted Construction Plans must be accepted in writing by the County Planning and Public Works Departments. At that time, and unless otherwise amended, Property Owner agrees that all landscaping and other on-site improvements shall be completed within the parameters established in this Agreement. “End of Part 1” M:\AGREEMENTS\Road-Improv\Example\Example IA (USR16-XXXX) - Part 1 Example IA (6-23-16).docx IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Name of Company – USR/SPR # Part 2: General Provisions
Timing of Improvements. The Developer shall make a cash contribution to the City of Xxxxxxxx for future improvements in South 48th Street West. Said contribution shall be made at the time of development of Lot 5A, Block 1, contribution shall be based on one-half (1/2) of 12-inch water main and proportional right-of-way improvements. Contributions shall be made prior to approval of site development for this lot. No contribution shall be required for a sanitary sewer main at this time in South 48th Street West. If it is determined at some point in the future that sanitary sewer is required in South 48th Street West, the entirety of Western Sky Subdivision, 2nd Amended may be responsible for its proportional share of the costs of one-half of a 12-inch sanitary sewer at the time of construction of those improvements. It is anticipated that the City will create a Special Improvement District (SID) for the installation of that improvement.
