Use and Construction of Lands Sample Clauses

Use and Construction of Lands. The Owner covenants and agrees that the Lands will not be used except in accordance with the terms of this Agreement and will not be developed and no building or structure will be constructed or used on the Lands unless as part of the development, construction, or use of any such building or structure, the Owner also designs and constructs to completion, in accordance with a building permit issued by the City, any development permit issued by the City and, if applicable, any rezoning consideration applicable to the development on the Lands, no less than two (2) Dwelling Units to be used as Below-Market Rental Units.
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Use and Construction of Lands. The Owner covenants and agrees that: (a) the Lands will not be developed and no building or structure will be constructed or used on the Lands unless as part of the development, construction, or use of any such building or structure, the Owner also designs and constructs to completion, in accordance with a building permit issued by the City, any development permit issued by the City and, if applicable, any rezoning consideration applicable to the development on the Lands, at least twenty-five (25) Rental Replacement Units and four (4) Rent Controlled Rental Units; and (b) notwithstanding that the Owner may be otherwise entitled, the Owner shall not occupy or permit to be occupied any Dwelling Unit on the Lands unless the Owner has: (i) constructed the Replacement Rental Units and Rent Controlled Rental Units in accordance with this Agreement; and (ii) all of the Replacement Rental Units and Rent Controlled Rental Units are ready for occupancy in accordance with all applicable laws, regulations and bylaws; and (iii) delivered to the Director, Planning and Development Services, a a. final Tenant Relocation Report; and
Sample 1
Use and Construction of Lands. The Owner covenants and agrees that: (a) the Lands will not be developed, and no building or structure will be constructed or used on the Lands, unless, as part of the development, construction, or use of any such building or structure, the Owner also designs and constructs to completion the Affordable Rental Units in accordance with a building permit issued by the City, any development permit issued by the City and, if applicable, any rezoning consideration applicable to the development on the Lands; and (b) notwithstanding that the Owner may be otherwise entitled, the Owner shall not occupy, or permit to be occupied, any Dwelling Unit on the Lands unless the Owner has: (i) constructed the Affordable Rental Units in accordance with this Agreement; (ii) ensured that all of the Affordable Rental Units are ready for occupancy in accordance with all applicable laws, regulations and bylaws; and (iii) delivered to the Director, Development Services, a final rent roll confirming the rents to be charged to the first occupants of the Affordable Rental Units; and without limiting the general scope of section 6.4 and 6.5, the Owner does hereby waive, remise and release absolutely any and all claims against the City and City Personnel for any losses that may derive from withholding occupancy until there is compliance with the provisions of this section 2.1.
Sample 1
Use and Construction of Lands. The Owner covenants and agrees that the Lands shall not be used except in accordance with the terms of these agreement, and specifically that: (a) The Lands will not be further developed and no further building or structure will be constructed or occupied on the Lands unless as part of the development or construction of any such building or structure, the Owner also designs and constructs to completion, in accordance with a building permit issued by the City, any development permit issued by the City and, if applicable, any rezoning consideration applicable to the development on the Lands, at least three (3) Affordable Housing Units; (b) As soon as reasonably possible, the Owner will designate at least two (2) Affordable Housing Units in the Existing Building; and (c) The Proposed Building will not be occupied or otherwise used unless the Owner has designated not less than five (5) Affordable Housing Units on the Lands.
Sample 1

Related to Use and Construction of Lands

  • Interpretation and Construction When a reference is made in this Agreement to a Section, such reference shall be to a Section of this Agreement, unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include,” “includes” and “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.” The words “hereof, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The word “will” shall be construed to have the same meaning as the word “shall.” The words “dates hereof” will refer to the date of this Agreement. The word “or” is not exclusive. The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms. Any agreement, instrument, law, rule or statute defined or referred to herein means, unless otherwise indicated, such agreement, instrument, law, rule or statute as from time to time amended, modified or supplemented. Each of the parties hereto acknowledges that it has been represented by counsel of its choice throughout all negotiations that have preceded the execution of this Agreement, and that it has executed the same with the advice of said independent counsel. Each party cooperated and participated in the drafting and preparation of this Agreement and the documents referred to herein, and any and all drafts relating thereto exchanged among the parties shall be deemed the work product of all of the parties and may not be construed against any party by reason of its drafting or preparation. Accordingly, any rule of law or any legal decision that would require interpretation of any ambiguities in this Agreement against any party that drafted or prepared it is of no application and is hereby expressly waived by each of the parties hereto, and any controversy over interpretations of this Agreement shall be decided without regards to events of drafting or preparation.

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