Common use of Certificate of Substantial Completion Clause in Contracts

Certificate of Substantial Completion. (a) The Developer shall furnish a Certificate of Substantial Completion, in substantially the form of Exhibit D, which is hereby incorporated by reference, to the City. (b) The appropriate City official shall diligently process the submitted Certificate of Substantial Completion, including making such inspections as may be reasonably necessary to verify the accuracy of the project architect’s certifications accompanying the Certificate of Substantial Completion. The appropriate City official shall accept or reject the Certificate of Substantial Completion in writing within 45 days following delivery to the City. If the City fails to approve or reject the Certificate of Substantial Completion in writing within such 45-day period, then the Developer shall notify the City in writing of the City’s failure to take action on the Certificate of Substantial Completion and the City shall have 45 days from receipt of such notice to accept or reject the Certificate of Substantial Completion in writing. If the City has not accepted or rejected the Certificate of Substantial Completion within such 45- day period, the Certificate of Substantial Completion shall be deemed accepted by the City as of the expiration of such 45-day period. If the appropriate City official rejects the Certificate of Substantial Completion, such rejection shall specify in reasonable detail in what respects the Developer has failed to complete the Work in reasonable accordance with the provisions of this Agreement, or in what respects the Developer is otherwise in default, and what measures or acts the Developer must take or perform, in the good faith opinion of such City official, to obtain such acceptance. (c) The City may issue any and all appropriate certificates of occupancy in accordance with the Municipal Code, even if the City has not yet accepted the Certificate of Substantial Completion.

Certificate of Substantial Completion. Once all of the requirements for Substantial Completion have been satisfied, CONTRACTOR shall so certify to OWNER by submitting a Certificate of Substantial Completion to OWNER, a copy of which is attached hereto as Exhibit L-1. Within seven (a7) The Developer shall furnish a Days following receipt of such Certificate of Substantial Completion, in substantially OWNER shall notify CONTRACTOR by execution of this Certificate whether OWNER concurs that CONTRACTOR has met the form requirements for Substantial Completion. Such certification shall not be deemed to waive any rights of Exhibit DOWNER against CONTRACTOR under this Contract. Concurrent with such certification of acceptance, which is hereby incorporated shall be evidenced by referenceexecution of the Certificate of Substantial Completion by OWNER, Substantial Completion will have occurred and OWNER shall assume care, custody, and control of and shall thereafter assume sole responsibility for risk of loss for that portion of the Work. If OWNER determines that CONTRACTOR has not met Substantial Completion, then OWNER shall deliver a written notice to CONTRACTOR describing in reasonable detail the City. (b) The appropriate City official deficiencies noted and corrective action recommended. Substantial Completion shall diligently process not be deemed to have occurred, and CONTRACTOR shall be required to perform the submitted remaining requirements for Substantial Completion and submit a revised Certificate of Substantial Completion. Any dispute regarding such certification shall be resolved in accordance with the procedure set forth in Article 8. If, following the initial or any subsequent Certificate of Substantial Completion, including making OWNER has not delivered to CONTRACTOR an acceptance or rejection of such inspections certificate as may be reasonably necessary to verify the accuracy of the project architect’s certifications accompanying the Certificate of Substantial Completion. The appropriate City official shall accept or reject the Certificate of required herein, Substantial Completion in writing within 45 days following delivery will be deemed to the City. If the City fails to approve or reject the Certificate of Substantial Completion in writing within such 45-day period, then the Developer shall notify the City in writing of the City’s failure to take action on the Certificate of Substantial Completion have occurred and the City shall have 45 days from receipt date of such notice to accept or reject the Certificate of Substantial Completion in writing. If the City has not accepted or rejected the Certificate of Substantial Completion within such 45- day period, the CONTRACTOR’S most recent Certificate of Substantial Completion shall be deemed accepted by the City as of the expiration of such 45-day period. If the appropriate City official rejects the Certificate of date that Substantial Completion, such rejection shall specify in reasonable detail in what respects the Developer has failed to complete the Work in reasonable accordance with the provisions of this Agreement, or in what respects the Developer is otherwise in default, and what measures or acts the Developer must take or perform, in the good faith opinion of such City official, to obtain such acceptanceCompletion was actually achieved. (c) The City may issue any and all appropriate certificates of occupancy in accordance with the Municipal Code, even if the City has not yet accepted the Certificate of Substantial Completion.

Certificate of Substantial Completion. (a) The Promptly after substantial completion of each of the Initial Work for the North Phase and the Initial Work for the South Phase, the Developer shall furnish a Certificate of Substantial Completion, Completion to the City. The Certificate of Substantial Completion shall be in substantially the form of Exhibit DC, which is hereby attached hereto and incorporated herein by reference, to the City. (b) The appropriate City official shall diligently process shall, within 30 days following delivery of the submitted Certificate of Substantial Completion, including making make such inspections as may be reasonably necessary to verify to its reasonable satisfaction the accuracy of the project architect’s certifications accompanying the Certificate of Substantial Completion. The appropriate City official shall accept or reject the Certificate of Substantial Completion in writing within 45 days following delivery to the City. If the City fails to approve or reject the Certificate of Substantial Completion in writing within such 4530-day period, then the Developer shall notify the City in writing of the City’s its failure to take action on the Certificate of Substantial Completion and the City shall have 45 fifteen (15) days from receipt of such notice to accept or reject the applicable Certificate of Substantial Completion in writing. If the City has not accepted or rejected the Certificate of Substantial Completion within such 45- day period, the The Certificate of Substantial Completion shall be deemed accepted by the City as of unless, prior to the expiration end of such 45-additional 15- day period, the appropriate City official accepts or rejects the Certificate of Substantial Completion. If the appropriate City official rejects the a Certificate of Substantial CompletionCompletion and/or accompanying certifications, such rejection shall specify in reasonable detail in what respects the Developer has failed to complete the Initial Work for the North Phase or the South Phase, as applicable, in reasonable accordance with the provisions of this Agreement, or in what respects the Developer is otherwise in default, and what reasonable measures or acts the Developer must take or perform, in the good faith opinion of such City official, to obtain such acceptance. Upon acceptance of the Certificate of Substantial Completion by the City or upon the lapse of the additional 15-day period referenced above without any written objections thereto, the Developer may record the Certificate of Substantial Completion with the St. Louis County Recorder, and the same shall constitute evidence of the satisfaction of the Developer’s agreements and covenants to perform the Initial Work for the North Phase or South Phase, as applicable. (c) The City Upon acceptance (or deemed acceptance) of any Certificate of Substantial Completion by the City, the Developer may issue any and all appropriate certificates of occupancy in accordance with the Municipal Code, even if the City has not yet accepted record the Certificate of Substantial CompletionCompletion with the St. Louis County Recorder, and the same shall constitute evidence of the satisfaction of the Developer’s agreements and covenants to perform the applicable portion of the Work in accordance with this Agreement.

Certificate of Substantial Completion. (a) Promptly after substantial completion of each District Project Phase in accordance with the provisions of this Agreement, the Developer will furnish to the District and the City a Certificate of Substantial Completion so certifying for such applicable District Project Phase. The Developer shall furnish a District and the City shall, within 30 days following delivery of the Certificate of Substantial Completion, in substantially the form of Exhibit D, which is hereby incorporated by reference, to the City. (b) The appropriate City official shall diligently process the submitted Certificate of Substantial Completion, including making carry out such inspections as may be reasonably they deem necessary to verify to their reasonable satisfaction the accuracy of the project architect’s certifications accompanying contained in the Certificate of Substantial Completion. The appropriate City official shall accept or reject the Certificate of Substantial Completion in writing within 45 days following delivery to the City. If the City fails to approve or reject the Certificate of Substantial Completion in writing within such 45-day period, then the Developer shall notify the City in writing of the City’s failure to take action on the Certificate of Substantial Completion and the City shall have 45 days from receipt of such notice to accept or reject the Certificate of Substantial Completion in writing. If the City has not accepted or rejected the Certificate of Substantial Completion within such 45- day period, the Certificate of Substantial Completion shall be deemed accepted by the District and the City as of unless, prior to the expiration end of such 4530-day period. If period after delivery to the appropriate District and the City official rejects of the Certificate of Substantial Completion, the District or the City furnishes the Developer with specific written objections to the status of the District Project Phase detailed in the submitted Certificate of Substantial Completion, describing such rejection shall specify objections and the measures required to correct such objections in reasonable detail in what respects detail. (b) Upon acceptance of the Certificate of Substantial Completion by the District and the City or upon the lapse of 30 days after delivery thereof to the District and the City without any written objections thereto, the Developer has failed may record the Certificate of Substantial Completion with the County Recorder, and the same shall constitute evidence of the completion by the Developer of that District Project Phase. A Certificate of Substantial Completion issued for each District Project Phase shall be in substantially the form of Exhibit C, attached hereto and incorporated herein by reference. (c) The District’s and the City’s acceptance or deemed acceptance of a Certificate of Substantial Completion shall not require the City to complete issue any temporary or final occupancy permits (which shall only be issued in accordance with the Work applicable provisions of the City Code). Likewise, any issuance of a temporary or final occupancy permit by the City shall not require the District or the City to accept any Certificate of Substantial Completion (which shall only be accepted by the District and the City in reasonable accordance with the provisions of this Agreement, or in what respects the Developer is otherwise in default, and what measures or acts the Developer must take or perform, in the good faith opinion of such City official, to obtain such acceptance). (c) The City may issue any and all appropriate certificates of occupancy in accordance with the Municipal Code, even if the City has not yet accepted the Certificate of Substantial Completion.

Certificate of Substantial Completion. (a) The Developer shall furnish a Certificate of Substantial Completion, in substantially the form of Exhibit D, which is hereby incorporated by reference, to the City. (b) The appropriate City official shall diligently process the submitted Certificate of Substantial Completion, including making such inspections as may be reasonably necessary to verify the accuracy of the project architect’s certifications accompanying the Certificate of Substantial Completion. The appropriate City official shall accept or reject the Certificate of Substantial Completion in writing within 45 days following delivery to the City. If the City fails to approve or reject the Certificate of Substantial Completion in writing within such 45-day period, then the Developer shall notify the City in writing of the City’s failure to take action on the Certificate of Substantial Completion and the City shall have 45 days from receipt of such notice to accept or reject the Certificate of Substantial Completion in writing. If the City has not accepted or rejected the Certificate of Substantial Completion within such 45- 45-day period, the Certificate of Substantial Completion shall be deemed accepted by the City as of the expiration of such 45-day period. If the appropriate City official rejects the Certificate of Substantial Completion, such rejection shall specify in reasonable detail in what respects the Developer has failed to complete the Work in reasonable accordance with the provisions of this Agreement, or in what respects the Developer is otherwise in default, and what measures or acts the Developer must take or perform, in the good faith opinion of such City official, to obtain such acceptance. (c) The City may issue any and all appropriate certificates of occupancy in accordance with the Municipal Code, even if the City has not yet accepted the Certificate of Substantial Completion.

Certificate of Substantial Completion. Once all of the requirements for Substantial Completion have been satisfied CONTRACTOR shall so certify to OWNER by submitting a Certificate of Substantial Completion to OWNER, a copy of which is attached hereto as an Exhibit to Section 4 of Exhibit A. Within seven (a7) The Developer shall furnish a Days following receipt of such Certificate of Substantial Completion, in substantially OWNER shall notify CONTRACTOR by execution of this Certificate whether OWNER concurs that CONTRACTOR has met the form requirements for Substantial Completion. Such certification shall not be deemed to waive any rights of Exhibit DOWNER against CONTRACTOR under this Contract. Concurrent with such certification of acceptance, which is hereby incorporated shall be evidenced by referenceexecution of the Certificate of Substantial Completion by OWNER, Substantial Completion will have occurred and OWNER shall assume care, custody, and control of and shall thereafter assume sole responsibility for risk of loss for that portion of the Work. If OWNER determines that CONTRACTOR has not met Substantial Completion, then OWNER shall deliver a written notice to CONTRACTOR describing in reasonable detail the City. (b) The appropriate City official deficiencies noted and corrective action recommended. Substantial Completion shall diligently process not be deemed to have occurred, and CONTRACTOR shall be required to perform the submitted remaining requirements for Substantial Completion and submit a revised Certificate of Substantial Completion. Any dispute regarding such certification shall be resolved in accordance with the procedure set forth in Article 8. If, following the initial or any subsequent Certificate of Substantial Completion, including making OWNER has not delivered to CONTRACTOR an acceptance or rejection of such inspections certificate as may be reasonably necessary to verify the accuracy of the project architect’s certifications accompanying the Certificate of Substantial Completion. The appropriate City official shall accept or reject the Certificate of required herein, Substantial Completion in writing within 45 days following delivery will be deemed to the City. If the City fails to approve or reject the Certificate of Substantial Completion in writing within such 45-day period, then the Developer shall notify the City in writing of the City’s failure to take action on the Certificate of Substantial Completion have occurred and the City shall have 45 days from receipt date of such notice to accept or reject the Certificate of Substantial Completion in writing. If the City has not accepted or rejected the Certificate of Substantial Completion within such 45- day period, the CONTRACTOR's most recent Certificate of Substantial Completion shall be deemed accepted by the City as of the expiration of such 45-day period. If the appropriate City official rejects the Certificate of date that Substantial Completion, such rejection shall specify in reasonable detail in what respects the Developer has failed to complete the Work in reasonable accordance with the provisions of this Agreement, or in what respects the Developer is otherwise in default, and what measures or acts the Developer must take or perform, in the good faith opinion of such City official, to obtain such acceptanceCompletion was actually achieved. (c) The City may issue any and all appropriate certificates of occupancy in accordance with the Municipal Code, even if the City has not yet accepted the Certificate of Substantial Completion.

Certificate of Substantial Completion. (a) The Upon substantial completion of the Work, the Developer shall furnish a Certificate of Substantial Completion, Completion to the City. The Certificate of Substantial Completion shall be in substantially the form of Exhibit DC, which is hereby attached hereto and incorporated herein by reference, to the City. (b) The appropriate City official shall diligently process the submitted Certificate of Substantial Completion, including making such inspections as may be reasonably necessary to verify the accuracy of the project architect’s certifications accompanying the Certificate of Substantial Completion. The appropriate City official shall accept or reject the any Certificate of Substantial Completion Completion, and the accompanying certifications of the project architect, and shall do so in writing within 45 forty-five (45) days following delivery to the City. If the City fails to approve or reject the Certificate of Substantial Completion in writing within such 45-day period, then the Developer shall notify the City in writing of the City’s its failure to take action on the Certificate of Substantial Completion and the City shall have 45 thirty (30) days from receipt of such notice to accept or reject the applicable Certificate of Substantial Completion in writing. If the City has not accepted or rejected the applicable Certificate of Substantial Completion within such 45- 30-day period, the Certificate of Substantial Completion shall be deemed accepted by the City as of the expiration of such 45-day periodCity. If the appropriate City official rejects the a Certificate of Substantial CompletionCompletion and/or accompanying certifications, such rejection shall specify in reasonable detail in what respects the Developer has failed to complete the Work in reasonable accordance with the provisions of this Agreement, or in what respects the Developer is otherwise in default, and what reasonable measures or acts the Developer must take or perform, in the good faith opinion of such City official, to obtain such acceptance. (c) The City Upon acceptance (or deemed acceptance) of any Certificate of Substantial Completion by the City, the Developer may issue any and all appropriate certificates of occupancy in accordance with the Municipal Code, even if the City has not yet accepted record the Certificate of Substantial CompletionCompletion with the St. Louis County Recorder, and the same shall constitute evidence of the satisfaction of the Developer’s agreements and covenants to perform the Work in accordance with this Agreement.

Certificate of Substantial Completion. For purposes of this Agreement, “Substantial Completion” shall mean substantial completion of (aA) the reconstruction of an approximately 46,391 square foot grocery store; (B) the rehabilitation of the exterior of inline building and the shopping center, including, without limitation, the parking lots and building façade; and (C) the construction or reconstruction of public improvements servicing the shopping center. The Parties acknowledge and agree that certain tenant finish and other interior work to the inline building may continue past Substantial Completion and shall not preclude the CID Improvements from being deemed substantially complete. After Substantial Completion of the CID Improvements in accordance with the provisions of this Agreement, the Developer shall furnish to the Construction Inspector a Certificate of Substantial Completion certifying the Substantial Completion of the CID Improvements. The Construction Inspector shall, within 60 days following delivery of the Certificate of Substantial Completion, in substantially the form of Exhibit D, which is hereby incorporated by reference, to the City. (b) The appropriate City official shall diligently process the submitted Certificate of Substantial Completion, including making carry out such inspections as may be reasonably he deems necessary to verify to his reasonable satisfaction the accuracy of the project architect’s certifications accompanying contained in the Certificate of Substantial Completion. The appropriate City official shall accept or reject the Certificate of Substantial Completion in writing within 45 days following delivery to the City. If the City fails to approve or reject the Certificate of Substantial Completion in writing within such 45-day period, then the Developer shall notify the City in writing of the City’s failure to take action on the Certificate of Substantial Completion and the City shall have 45 days from receipt of such notice to accept or reject the Certificate of Substantial Completion in writing. If the City has not accepted or rejected the Certificate of Substantial Completion within such 45- day period, the Certificate of Substantial Completion shall be deemed accepted by the City as Construction Inspector on behalf of the expiration City and the District unless, prior to the end of such 4560-day period. If period after delivery to the appropriate City official rejects Construction Inspector of the Certificate of Substantial Completion, the Construction Inspector furnishes the Developer with specific written objections to the status of the CID Improvements, describing such rejection shall specify objections and the measures required to correct such objections in reasonable detail in what respects the Developer has failed to complete the Work in reasonable accordance with the provisions detail. Upon acceptance of this Agreement, or in what respects the Developer is otherwise in default, and what measures or acts the Developer must take or perform, in the good faith opinion of such City official, to obtain such acceptance. (c) The City may issue any and all appropriate certificates of occupancy in accordance with the Municipal Code, even if the City has not yet accepted the Certificate of Substantial CompletionCompletion by the Construction Inspector or upon the lapse of 60 days after delivery thereof to the Construction Inspector without any written objections thereto, the Developer may record the Certificate of Substantial Completion with the ▇▇▇▇▇▇ County Recorder of Deeds, and the same shall constitute evidence of the satisfaction of the Developer’s agreements and covenants to complete the CID Improvements.