Zoning Compliance. Neither time-share use nor other transient use and occupancy of the Time-Share Project violates or constitutes or will violate or constitute a non-conforming use or require a variance under any private covenant or restriction or any zoning, use or similar law, ordinance or regulation affecting the use or occupancy of the Time-Share Project.
Zoning Compliance. The Project shall be in compliance with the applicable zoning ordinance and land use guidelines applicable to the Property and shall be subject to the payment of any applicable impact fees in the amounts applicable at the time each required permit is issued, unless otherwise provided herein. Nothing in this Agreement shall obligate the City to grant variances, re-zoning, exceptions or conditional use permits related to the Project.
Zoning Compliance. Lender shall have received evidence reasonably satisfactory to Lender to the effect that each of the Real Property Assets and the use thereof are in substantial compliance with the applicable zoning, subdivision, and all other applicable federal, state or local laws and ordinances affecting each of the Real Property Assets, and that all building and operating licenses and permits necessary for the use and occupancy of each of the Real Property Assets as hospitality properties or hotels including, but not limited to, current certificates of occupancy, have been obtained and are in full force and effect.
Zoning Compliance. A zoning letter or certificate from the appropriate local official (or other evidence satisfactory to the Agent) confirming that the use of the Hotel Property is in compliance with zoning regulations or is an otherwise permitted use, and other evidence reasonably satisfactory to the Agent that in case of casualty the improvements could be rebuilt in substantially the manner existing prior to such casualty.
Zoning Compliance. Sellers shall deliver to Buyer a Certificate of Occupancy from the Zoning Board of the Metropolitan Planning Commission.
Zoning Compliance. The Administrative Agent shall have received and approved satisfactory evidence that the Property, including the Improvements, as constructed, complies with all applicable zoning and land use regulations, including, without limitation, those regulations related to the use, area, width and depth of the Land as a building site for the Improvements, the floor space area and height of the Improvements, the setback of the Improvements from property lines, and parking without the necessity of variance and without the Property being a non-conforming use.
Zoning Compliance. The Final Plan application shall include demonstration that the buildings in the R-1-3.5 zoning district (cottages and town homes) meet the required front yard for the R-1-3.5 zoning district. EXHIBIT F TIMETABLE OF DEVELOPMENT – OUTLINE PLAN PHYSICAL COMMENCEMENT AND COMPLETION [ORS 94.504(4)] This development will be constructed in phases as shown on Exhibit D to this Agreement. Each phase to be constructed, and the date which Final Plan and Site Review and final plat approval of each phase must be obtained, are as follows: Physical commencement of construction of any phase of development shall occur on or before January 17, 2010. Completion of all infrastructure and vertical construction, except for single family units on individual platted lots, [4 total exempt from vertical construction deadline] shall occur no later than January 17, 2015. Phase Final Plan and Infrastructure Final Plat and Completion Site Review Approval Completion of Vertical Construction I July 17, 2009 July 17, 2011 January 17, 2013 January 17, 2010. Final Civil Plan Approval (construction authorization) and any associated construction permits must be obtained and Contract for Installation and Maintenance of Plant Materials with Security submitted and executed, and construction commenced with respect to Phase I elements within 6 months of Final Plan Approval, no later than specified. July 17, 2011. Complete extension of Xxxxxx to Nevada Street, completion of construction of “Canine Way” access to Dog Park, including installation of water, sanitary sewer, storm drainage power, gas, telephone and all utilities. July 17, 2011. Complete sidewalk on the north side of Nevada Street from the eastern project boundary to the intersection of Nevada and Oak Street. July 17, 2011. Complete Restoration and Enhancement of Riparian Corridor and Wetland Areas pursuant to Contract for Installation of Plant Materials, Security and Preserve Area Management Plan. July 17, 2011. Complete construction of multi-use path and transfer deed to City of Ashland to effectuate land exchange and acceptance of tendered public recreation improvements. July 17, 2011. Complete construction of subdivision infrastructure to the affordable housing site and complete extension of all needed public facilities to the affordable housing site. (to service 15 town home units). July 17, 2011. Complete construction of “subdivision” Infrastructure for Phase I (R-1-3.5 portion) of the project inclusive infrastructure for one (1) ...
Zoning Compliance. Neither time-share use nor other intended use ----------------- of the Real Property violates or constitutes a non-conforming use or requires a variance under any Legal Requirement affecting the use or occupancy of the Real Property.
Zoning Compliance. Borrower shall cause Mortgage Borrower and Maryland Owner to (i) use commercially reasonable efforts to remedy all zoning and related matters and violations set forth on Schedule 5.1.26 as expeditiously as is commercially reasonable, and (ii) furnish Lender with reasonably satisfactory evidence of the foregoing, all in a commercially reasonable manner.
Zoning Compliance. Borrower shall provide Lender with a copy ----------------- of the applicable zoning ordinances, certified by an appropriate municipal or county official to be a complete and accurate statement therefore and written certification by said municipal or county official setting forth the zoning classification of the Real Property and stating that the contemplated Improvements and use thereof comply with all applicable zoning ordinances. If such certification is not available, Borrower shall provide such evidence of zoning as may be acceptable to Lender.
