Common use of Construction Phasing Clause in Contracts

Construction Phasing. The Developer has submitted and the City has approved a construction-phasing plan (“Phasing Plan”), which illustrates the phasing of the Public Improvements and private improvements for the entire Property, including required offsite and on-site public improvements. Said Phasing Plan is attached hereto as Exhibit C and incorporated herein for all purposes (individually “Phase” and collectively “Phases”). The building sequence within each Phase are to be constructed in order. All proposed modifications shall be submitted to the City for review and approval. Upon approval of the Final Plans, approval by applicable Fire Protection District (as set forth in Section 4 above), the payment by Developer of all applicable Fees (as set forth in Section 3 above) and payment by Developer of the Annexation Fees (as set forth in Section 32 below), Developer shall be eligible for issuance of the site development permits, the grading permits, and the “foundation only” permits for the Project Improvements as well as the building permits for the Public Improvements. Regardless of which Phase the on-site underground storm water facilities for the Project fall within, all such underground storm water facilities must be completed prior to any on-site private roadway construction on the Property or the issuance of any building permits; provided however, Developer shall be eligible for issuance of the grading permits, the site development permits, and the “foundation only” permits as well as to commence construction of the off-site Public Improvements before such underground storm water facilities are constructed. Subject to the terms of Section 24 below, within each identifiable Phase of development of the Project, all improvements located on the Property or on the adjacent right-of-way as part of the Public Improvements shall be completed prior to issuance of a certificate of occupancy for such completed Phase as set forth in the Phasing Plan, and subject to the following terms: a. Completion of improvements within each applicable Phase on the Property shall include, but not be limited to private driveways and parking lot paving and striping, landscaping, trash enclosures and related screening, rooftop mechanical screening, and all other requirements of the Final Plans and Arvada Land Development Code (“LDC”); b. Notwithstanding anything to the contrary, the installation and completion of the private and public landscaping for the Project shall be conducted pursuant to Section 24 of this Agreement and shall not affect or delay issuance of any building permits or certificates of occupancy for the Property; c. Except for the landscaping, all Public Improvements located outside of the Property shall be completed by Developer prior to certificates of occupancy being issued for any Phase of the Project; d. Notwithstanding anything to the contrary, City agrees that completion of any and all improvements (other than the on-site underground storm water facilities as set forth in the drainage plans) to be located within Phase 9 and Phase 10 of the Phasing Plan shall not affect or delay issuance of any certificates of occupancy for preceding Phases 1 through 7, provided however, Developer understands that certificates of occupancy for Phase 8 will not be issued until after completion of the improvements within Phases 9 and 10; e. Parties hereto agree that completion and installation of the landscaping (whether within or outside of the Property, and whether public or private in nature) may be delayed as set forth in Section 24 of this Agreement and assuming compliance with the terms set forth in Section 24, shall not affect or delay any issuance of certificate of occupancy for any portion of the Project; and f. Upon completion of all of the Project Improvements pursuant to the Final Plans, Developer shall be entitled to receive the final certificate of occupancy and certificate of completion for the Property.

Construction Phasing. The Developer has submitted and the City has approved a construction-phasing plan (“Phasing Plan”), which illustrates the phasing of the Public Improvements and private improvements for the entire Property, including required offsite and on-site public improvements. Said Phasing Plan , sSaid phasing plan is attached hereto as Exhibit C and incorporated herein for all purposes (individually “Phase” and collectively “Phases”)purposes. The building sequence within the each Phase phase are to be constructed in order▇▇▇▇▇.▇▇ well as sequencing changes to a different phase may be modified by Developer. All proposed modifications shall be submitted to the City for review and approval, provided that Developer shall notify the City of any material changes to the Phasing Plan. Upon approval of the Final Plans, approval by applicable Fire Protection District (as set forth in Section 4 above), the payment by Developer of all applicable Fees (as set forth in Section 3 above) and payment by Developer of the Annexation Fees (as set forth in Section 32 below), Developer shall be eligible for issuance of the site development permits, the grading permits, and the “foundation only” all building permits for the Project Improvements as well as the Improvements, excluding building permits for the Public Improvementspermits. Regardless of which Phase the on-site underground storm water facilities for the Project fall within, all such underground storm water facilities must be completed prior to any on-site private roadway construction on the Property or the issuance of any building permits; provided however, Developer shall be eligible for issuance of the grading permits, the site development permits, and the “foundation only” permits as well as to commence construction of the off-site Public Improvements before such underground storm water facilities are constructed. Subject to the terms of Section 24 below, within each identifiable Phase phase of development of the Project, all improvements located on the Property or on the adjacent right-of-way as part of the Public Improvements shall be completed prior to issuance of a certificate of occupancy for such completed Phase phase as set forth in the Phasing Plan, and subject to the following terms: a. Completion of improvements within each applicable Phase on the Property shall include, but not be limited to private driveways and parking lot paving and striping, landscaping, trash enclosures and related screening, rooftop mechanical screening, and all other requirements of the Final Plans and Arvada Land Development Code (“LDC”); b. Notwithstanding anything to the contrary, the installation and completion of the private and public landscaping for the Project shall be conducted pursuant to Section 24 of this Agreement and shall not affect or delay issuance of any building permits or certificates of occupancy for the Property; c. Except for the landscaping, all Public Improvements located outside of the Property shall be completed by Developer prior to certificates of occupancy being issued for any Phase other than Phase 1. Phase 4 and subsequent phases of the Project; d. Notwithstanding anything to the contrary, City agrees that completion of any and all improvements Project (other than the on-site underground storm water facilities as set forth in the drainage plans) to be located within Phase 9 Phasing Plan); provided the City acknowledges and Phase 10 of the Phasing Plan shall not affect or delay issuance of any certificates of occupancy for preceding Phases 1 through 7, provided however, Developer understands agrees that certificates of occupancy for Phase 8 will not 2 and Phase 3 of the Phasing Plan shall be issued until after at the time each of such phases are completed irrespective of completion of the improvements within Phases 9 and 10Public Improvements; e. Parties hereto agree that completion and installation of the landscaping (whether within or outside of the Property, and whether public or private in nature) may be delayed as set forth in Section 24 of this Agreement and assuming compliance with the terms set forth in Section 24, shall not affect or delay any issuance of certificate of occupancy for any portion of the Project; and f. Upon completion of all of the Project Improvements pursuant to the Final Plans, Developer shall be entitled to receive the final certificate of occupancy and certificate of completion for the Property.