Utilities; Licenses; Permits. As a condition precedent to the first Loan Disbursement, evidence satisfactory to Lender that: (i) all utility and municipal services required for the construction, occupancy and operation of the Project are available for use and tap-on at the Premises, subject only to payment of fees included in the Approved Budget, or will be available after construction thereof as provided in the Construction Contracts, subject only to payment of costs and fees included in the Approved Budget; (ii) all permits, licenses and governmental approvals (“Permits”), including all general building permits required to be issued by the applicable Governmental Agency to authorize construction of the Project in accordance with the Plans, required by applicable law to construct the Project have been issued, are in full force and all fees therefor have been fully paid; (iii) the storm and sanitary sewage disposal system, the water system and all mechanical systems serving the Project do (or when constructed will) comply with all Applicable Laws, including Environmental Laws and the applicable environmental protection agency, pollution control board and/or other governmental agencies having jurisdiction of the Property have issued their Permits for the construction and operation thereof; and (iv) all utility, parking, access (including curb-cuts and public street access), construction, recreational and other easements and permits required or, in Lender’s reasonable judgment, necessary for the construction and use of the Project have been granted or issued; which evidence shall include a complete list of all Permits required to construct, occupy and operate the Project and copies of all Permits issued to date and all utility letters, licenses and grants of easements.
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Samples: Construction Loan Agreement (Bluerock Enhanced Multifamily Trust, Inc.), Construction Loan Agreement (Bluerock Enhanced Multifamily Trust, Inc.)
Utilities; Licenses; Permits. As a condition precedent to the first Loan Disbursement, evidence Evidence reasonably satisfactory to Lender that:
(i) all utility and municipal services required for the construction, occupancy and operation of the Project are available for use and tap-on at the PremisesProperty, subject only to payment of fees included in the Approved Budget, or will be available after construction thereof as provided in the Construction Contracts, subject only to payment of costs and fees included in the Approved Budget;
(ii) all permits, licenses and governmental approvals (“Permits”), including all general building permits required to be issued by the applicable Governmental Agency to authorize construction of the Project in accordance with the Plans, required by applicable law to construct the Project have been issued, are in full force and all fees therefor have been fully paidpaid (provided that Lender agrees that satisfaction of this condition, with respect to final building permits, may be deferred until the first Disbursement or, if earlier, until Borrower directs General Contractor to commence work);
(iii) the storm and sanitary sewage disposal system, the water system and all mechanical systems serving the Project do (or when constructed will) comply with all Applicable Laws, including Environmental Laws and the applicable environmental protection agency, pollution control board and/or other governmental agencies having jurisdiction of the Property have issued their Permits for the construction and operation thereof; and
(iv) all utility, parking, access (including curb-cuts and public street access), construction, recreational and other easements and permits required or, in Lender’s reasonable judgment, necessary for the construction and use of the Project have been granted or issued; which evidence shall include a complete list of all Permits required to construct, occupy and operate the Project and copies of all Permits issued to date and all utility letters, licenses and grants of easements.
Appears in 1 contract
Samples: Construction Loan Agreement (Sentio Healthcare Properties Inc)
Utilities; Licenses; Permits. As To the extent required by Lender evidence, which shall include a condition precedent to certificate of the first Loan DisbursementBorrower and listing (and reciting that there are so listed) all such services, evidence satisfactory to Lender thatpermits, licenses and easements, together with copies of all Permits and all utility letters, licenses and easements, as follows:
(i) That all utility services and municipal services utilities such as water, gas, electricity and storm and sanitary sewers required for the construction, occupancy and operation of the Project Land are available for use and tap-on at the PremisesLand, subject only to payment of fees included in the Approved Project Budget, or will be available after construction thereof as provided in of the Construction ContractsProject, subject only to payment of costs and fees included in the Approved Project Budget;
(ii) That all permits, governmental permits and licenses and governmental approvals (“"Permits”"), including all general a building permits required to be permit issued by the applicable appropriate Governmental Agency to authorize Authority authorizing construction of the Project in accordance with the Plans, Plans and Specifications and including tap-on permits required by applicable law to construct construct, occupy and operate the Project have been issued, are in full force and all fees therefor have been fully paidpaid or, if the stage of construction of the Project does not allow such issuance, then such permits and licenses will be issued if and when the Project is constructed in accordance with the Plans and Specifications;
(iii) That the storm and sanitary sewage disposal system, the water system and all mechanical systems serving the Project do (or when constructed will) comply with all Applicable Lawsapplicable environmental, including Environmental Laws pollution control and ecological laws, ordinances, rules and regulations, and the applicable applicable, environmental protection agency, pollution control board and/or other governmental agencies having jurisdiction of the Property Land have issued their Permits permits for the construction and operation thereof; but if no storm sewer is available on the Land, Borrower shall furnish evidence that proper disposal of rain water is assured; and
(iv) That all utility, parking, access (including curb-curb cuts and public street highway access), construction, recreational and other easements and permits required or, in the Lender’s reasonable 's judgment, necessary for the construction and use of the Project have been granted or issued; which evidence shall include a complete list of all Permits required to construct, occupy issued and operate the Project are in good standing and copies of all Permits issued to date and all utility letters, licenses and grants of easementsare unencumbered.
Appears in 1 contract
Utilities; Licenses; Permits. As a condition precedent to the first Loan Disbursement, evidence Evidence satisfactory to Lender that:
(i) all utility and municipal services required for the construction, occupancy and operation of the Project Premises are available for use and tap-on at the Premises, subject only to payment of fees included in the Approved Budget, or will be available after construction thereof as provided in the Construction Contracts, subject only to payment of costs and fees included in the Approved Budget;
(ii) all permits, licenses and governmental approvals (“Permits”), including all general a building permits required to be permit issued by the applicable Governmental Agency to authorize appropriate governmental authority authorizing construction of the Project in accordance with the PlansPlans and Specifications and including tap-on permits (if and to the extent available), required by applicable law to construct construct, occupy and operate the Project Premises have been issued, are in full force and all fees therefor have been fully paidpaid or, if the stage of construction of the Project does not allow the issuance of all such Permits, then Borrower shall provide evidence, satisfactory to Lender that as the construction progresses Borrower will promptly obtain and deliver to Lender such Permits as and when they become available;
(iii) the storm and sanitary sewage disposal system, the water system and all mechanical systems serving the Project Premises do (or when constructed will) comply with all Applicable Lawsapplicable laws, ordinances, rules and regulations, including Environmental Laws and the applicable environmental protection agency, pollution control board and/or other governmental agencies having jurisdiction of the Property Premises have issued their Permits permits for the construction and operation thereof; and
(iv) all utility, parking, access (including curb-cuts and public street highway access), construction, recreational and other easements and permits required or, in Lender’s reasonable judgment, necessary for the construction and use of the Project Premises and construction of the proposed renovation work have been or shall be granted or issued; which evidence shall include a complete list certificate of the Architect reciting the above matters and listing (and reciting that there are so listed) all Permits required to constructsuch services, occupy permits, licenses and operate the Project and easements, together with copies of all Permits issued to date and all utility letters, licenses and grants of easements.
Appears in 1 contract
Utilities; Licenses; Permits. As a condition precedent to the first Loan Disbursement, evidence Evidence satisfactory to Lender that:
(i) all utility and municipal services required for the construction, occupancy and operation of the Project Hotel Property are available for use and tap-on at the Premises, subject only to payment of fees included in the Approved Budget, or will be available after construction thereof as provided in the Construction Contracts, subject only to payment of costs and fees included in the Approved Budgetavailable;
(ii) all permits, licenses and governmental approvals (“Permits”) (including liquor licenses), including all general building permits required to be issued by the applicable Governmental Agency Authority to authorize construction the use, occupancy and operation of the Project in accordance with the PlansHotel Property, required by applicable law to construct the Project have been issued, are in full force and effect and all fees therefor have been fully paid;
(iii) the storm and sanitary sewage disposal system, the water system and all mechanical systems serving the Project do (or when constructed will) Hotel Property comply with all Applicable Laws, including Environmental Laws and the applicable environmental protection agency, pollution control board and/or other governmental agencies Governmental Authorities having jurisdiction of the Hotel Property have issued their Permits for the construction and operation thereof; and
(iv) all utility, parking, access (including curb-cuts and public street access), construction, recreational and other easements and permits required or, in Lender’s reasonable judgment, necessary for the construction and use of the Project Hotel Property have been granted or issued; which evidence shall include a complete list of all Permits required to construct, occupy and operate the Project Hotel Property and copies of all Permits issued to date and all utility letters, licenses and grants of easements.
Appears in 1 contract
Utilities; Licenses; Permits. As a condition precedent to the first Loan Disbursement, evidence Evidence satisfactory to Lender that:
(i) all utility and municipal services required for the construction, occupancy and operation of the Project are available for use and tap-on at the Premises, subject only to payment of fees included in the Approved Budget, or will be available after construction thereof as provided in the Construction Contracts, subject only to payment of costs and fees included in the Approved Budget;
(ii) all permits, licenses and governmental approvals (“Permits”), including all general building permits required to be issued by the applicable Governmental Agency to authorize construction of the Project in accordance with the Plans, required by applicable law to construct the Project have been issued, are in full force and all fees therefor have been fully paid;
(iii) the storm and sanitary sewage disposal system, the water system and all mechanical systems serving the Project do (or when constructed will) comply with all Applicable Laws, including Environmental Laws and the applicable environmental protection agency, pollution control board and/or other governmental agencies Governmental Agencies having jurisdiction of the Property have issued their Permits for the construction and operation thereof; and
(iv) all utility, parking, access (including curb-cuts and public street access), construction, recreational and other easements and permits required or, in Lender’s reasonable judgment, necessary for the construction and use of the Project have been granted or issued; which evidence shall include a complete list of all Permits required to construct, occupy and operate the Project and copies of all Permits issued to date and all utility letters, licenses and grants of easements.
Appears in 1 contract
Samples: Construction Loan Agreement (CNL Growth Properties, Inc.)