Common use of Utilities and Public Access Clause in Contracts

Utilities and Public Access. The Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate for the construction, development and operation of the Property for its intended uses. All roads and streets necessary for the construction and full utilization of the Improvements for their intended purpose have been completed and with respect to all roads and streets, the necessary rights of way therefor have either been acquired by the appropriate Governmental Authority or have been dedicated to public use and accepted by said Governmental Authority allowing for the construction, use and operation of, and access to the Improvements.

Appears in 4 contracts

Samples: Loan Agreement, Loan Agreement (Empire State Realty Trust, Inc.), Loan Agreement (Empire State Realty Trust, Inc.)

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Utilities and Public Access. The Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate for the construction, development and operation of the Property to service it for its intended uses. All public utilities necessary or convenient to the full use and enjoyment of the Property are located in the public right–of–way abutting the Property, and all such utilities are connected so as to serve the Property without passing over other property absent a valid easement. All roads and streets necessary for the construction and full utilization use of the Improvements Property for their intended its current purpose have been completed and with respect to all roads and streets, the necessary rights of way therefor have either been acquired by the appropriate Governmental Authority or have been dedicated to public use and accepted by said all Governmental Authority allowing for the construction, use and operation of, and access to the ImprovementsAuthorities.

Appears in 3 contracts

Samples: Loan Agreement (Presidential Realty Corp/De/), Loan Agreement, Mezzanine Loan Agreement

Utilities and Public Access. The Property has rights of access to public ways and is served by water, sewer, sanitary sewer and sewer, storm drain and electric facilities adequate for the construction, development and operation of the Property to service it for its intended uses. All public utilities necessary or convenient to the full use and enjoyment of the Property are located in the public right-of-way abutting the Property, and all such utilities are connected so as to serve the Property without passing over other property absent a valid easement. All roads and streets necessary for the construction and full utilization use of the Improvements Property for their intended its current purpose have been completed and with respect to all roads and streets, the necessary rights of way therefor have either been acquired by the appropriate Governmental Authority or have been dedicated to public use and accepted by said all Governmental Authority allowing for the construction, use and operation of, and access to the ImprovementsAuthorities.

Appears in 3 contracts

Samples: Loan Agreement (Lodging Fund REIT III, Inc.), Loan Agreement (Lodging Fund REIT III, Inc.), Loan Agreement (Lodging Fund REIT III, Inc.)

Utilities and Public Access. The Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service the Property for its respective intended uses. All public utilities necessary to the full use and enjoyment of the Property are located in the public right-of-way abutting the Property. To Borrower's actual knowledge, all roads necessary for the construction, development and operation use of the Property for its intended uses. All roads and streets necessary for the construction and full utilization of the Improvements for their intended purpose current respective purposes have been completed and with respect to all roads and streets, the necessary rights of way therefor have either been acquired by the appropriate Governmental Authority or have been dedicated to public use and accepted by said all Governmental Authority allowing for the construction, use and operation of, and access to the ImprovementsAuthorities.

Appears in 2 contracts

Samples: Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust)

Utilities and Public Access. The Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate for the construction, development and operation of the Property for its intended uses. All roads and streets necessary for the construction and full utilization of the Improvements for their intended purpose have been completed and with respect to all roads and streets, the necessary rights of way therefor have either been acquired by the appropriate Governmental Authority or have been dedicated to public use and accepted by said Governmental Authority allowing for the construction, use and operation of, and access to the Improvements.. USActive 32926859.13 -40-

Appears in 1 contract

Samples: Loan Agreement (Sothebys)

Utilities and Public Access. The Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate for the construction, development and operation of the Property to service it for its intended uses. All public utilities necessary or convenient to the full use and enjoyment of the Property are located in the public right-of-way abutting the Property, and all such utilities are connected so as to serve the Property without passing over other property absent a valid easement. All roads and streets necessary for the construction and full utilization use of the Improvements Property for their intended its current purpose have been completed and with respect to all roads and streets, the necessary rights of way therefor have either been acquired by the appropriate Governmental Authority or have been dedicated to public use and accepted by said all Governmental Authority allowing for the construction, use and operation of, and access to the ImprovementsAuthorities.

Appears in 1 contract

Samples: Loan Agreement (TNP Strategic Retail Trust, Inc.)

Utilities and Public Access. The Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate for the construction, development and operation of to service the Property for its intended uses. All public utilities necessary or convenient to the full use and enjoyment of the Property are located in the public right-of-way abutting the Property, and all such utilities are connected so as to serve the Property without passing over other property absent a valid easement. All roads and streets necessary for the construction use of and full utilization of access to the Improvements Property for their intended its current purpose have been completed and with respect to all roads and streets, the necessary rights of way therefor have either been acquired by the appropriate Governmental Authority or have been dedicated to public use and accepted by said all Governmental Authority allowing for the construction, use and operation of, and access to the ImprovementsAuthorities.

Appears in 1 contract

Samples: Loan Agreement (Soho House & Co Inc.)

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Utilities and Public Access. The Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate for the construction, development and operation of to service the Property for its intended uses. To the Best of Borrower's Knowledge, all utilities necessary to the existing use of the Property are located either in the public right-of-way abutting the Property (which are connected so as to serve the Property without passing over other property) or in recorded easements serving the Property. All roads and streets necessary for the construction and full utilization use of the Improvements Property for their intended purpose its current purposes have been completed and with respect to all roads and streetsand, the necessary rights of way therefor have either been acquired by the appropriate Governmental Authority or have been if necessary, dedicated to public use and accepted by said Governmental Authority allowing for the construction, use and operation of, and access to the Improvementsuse.

Appears in 1 contract

Samples: Loan and Security Agreement (CNL Hotels & Resorts, Inc.)

Utilities and Public Access. The Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate for the construction, development and operation of the Property to service it for its intended uses. All public utilities necessary to the full use and enjoyment of the Property are located in the public right-of-way abutting the Property, and all such utilities are connected so as to serve the Property without passing over other property absent a valid easement. All roads and streets necessary for the construction and full utilization use of the Improvements Property for their intended its current purpose have been completed and with respect to all roads and streets, the necessary rights of way therefor have either been acquired by the appropriate Governmental Authority or have been dedicated to public use and accepted by said all Governmental Authority allowing for the construction, use and operation of, and access to the ImprovementsAuthorities.

Appears in 1 contract

Samples: Loan Agreement (Gladstone Commercial Corp)

Utilities and Public Access. The Property has rights of access to public ways and is served or will be served by water, sewer, sanitary sewer and storm drain facilities adequate for the construction, development and operation of the Property for its intended uses. All roads and streets necessary for the construction and full utilization of the Improvements for their intended purpose have been completed and with respect to all roads and streets, the necessary rights of way therefor have either been acquired by the appropriate Governmental Authority or have been dedicated to public use and accepted by said Governmental Local Authority allowing for the construction, use and operation of, and access to the Improvements.

Appears in 1 contract

Samples: Building Loan Agreement (Alexanders Inc)

Utilities and Public Access. The Each Property has rights of access to public ways and and, to Borrowers' best knowledge, is served by water, sewer, sanitary sewer and storm drain facilities adequate for the construction, development and operation of the Property to service it for its intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Property are located in the public right-of-way abutting such Property, and all such utilities are connected so as to serve such Property without passing over other property absent a valid easement Ali roads and streets necessary for the construction and full utilization use of the Improvements each Property for their intended its current purpose have been completed and with respect to all roads and streets, the necessary rights of way therefor have either been acquired by the appropriate Governmental Authority or have been dedicated to public use and accepted by said all Governmental Authority allowing for the construction, use and operation of, and access to the ImprovementsAuthorities.

Appears in 1 contract

Samples: Loan Agreement (Lodgian Inc)

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