Common use of Construction Requirements Clause in Contracts

Construction Requirements. Prior to constructing any improvements on the Premises (including, but not limited to, the Initial Leasehold Improvements), Tenant shall cause detailed preliminary construction plans and specifications for the improvements to be prepared (hereinafter collectively referred to as the “Plans”) in accordance with standards established by the Department and deliver the preliminary Plans to the Department for review, comment and approval, which approval shall not be unreasonably withheld, conditioned or delayed. The Department shall review the preliminary Plans and provide a written response to Tenant within thirty (30) days of delivery of the preliminary Plans to County for review. In the event the Department does not approve the preliminary Plans, Tenant will be notified of the reasons for the disapproval and the necessary modifications and/or alterations to the Plans. Tenant shall resubmit modified Plans to the Department within thirty (30) days of the date of the Department’s written notice of disapproval. Within one hundred twenty (120) days following approval of the preliminary Plans by the Department, Tenant shall prepare or cause to be prepared final working Plans in substantial conformity to the approved preliminary Plans and shall submit the final working Plans to the Department for approval. Upon approval of the final working Plans by the Department, Tenant shall obtain all permits and other government approvals required for the commencement of construction. Prior to commencement of construction, Tenant shall deliver to the Department one (1) complete set of the final working Plans as approved by the governmental agencies exercising jurisdiction thereover. Minor changes from the final working Plans shall be permitted if such changes may be reasonably inferred from the final working Plans, or if they are made to comply with requirements of any governmental agency exercising jurisdiction thereover.

Appears in 3 contracts

Samples: Site Lease Agreement, Development Site Lease Agreement, Development Site Lease Agreement

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Construction Requirements. Prior The Contractor shall coordinate with the Irrigation Company prior to constructing beginning any improvements construction that affects the operation or flow of the ditch. Ditch flows for Xxxxx Ditch occur yearlong. Generally, ditch flows for the Picketwire Ditch occur between April 1st – October 15th with additional occurrences in December and March for livestock watering. Working windows for demolition and construction shall be coordinated with the Xxxxx Ditch Company and Picketwire Ditch Company along with their inspectors. The Contractor shall cooperate with the Irrigation Company where Work is within the limits of the Irrigation Company’s property interest and shall perform the Work in such a manner and at such times as not to endanger or interfere with the continuous operation of the canal, property, and the flow of water at or in the vicinity of the Work. No Work shall be performed that interferes with the deeded schedule and volume of flow of the canal, including the delivery of water to its shareholders. The Contractor shall be responsible to the Irrigation Company for all damages for delays that may be sustained by the Irrigation Company caused by any interference that could have been avoided by proper handling of the Work. The Contractor shall obtain Irrigation Company’s approval, in writing, of construction for all of the elements of the Work within the Irrigation Company’s property interest. Copies of such approvals, notices, and correspondence shall be submitted to CDOT for Acceptance prior to beginning any Work on Irrigation Company property interest. The Contractor shall through the Premises owner-controlled insurance program (including, but not limited toOCIP) indemnify the Irrigation Company under its insurance coverage during the construction phase. Upon completion of the Work to be performed within Irrigation Company property interest, the Initial Leasehold Improvements)Contractor shall promptly remove all tools, Tenant shall cause detailed preliminary construction plans Equipment, Materials, and specifications for the improvements to be prepared (hereinafter collectively referred to as the “Plans”) in accordance with standards established debris from Irrigation Company property placed there by the Department and deliver Contractor or the preliminary Plans Contractor’s agents. The Contractor shall restore said property to the Department for reviewsame state and condition as when the Contractor entered xxxxxxx, comment and approval, which approval shall not be unreasonably withheld, conditioned or delayedleave said property in a clean and presentable condition satisfactory to the Irrigation Company. The Department Contractor shall review the preliminary Plans and provide a written response to Tenant within thirty (30) days of delivery of the preliminary Plans to County for review. In the event the Department does not approve the preliminary Plans, Tenant will be notified of the reasons for the disapproval and the necessary modifications and/or alterations As-Constructed Documents to the Plans. Tenant shall resubmit modified Plans to Irrigation Company within 10 Days of completion of Work within the Department within thirty (30) days of the date of the Department’s written notice of disapproval. Within one hundred twenty (120) days following approval of the preliminary Plans by the Department, Tenant shall prepare or cause to be prepared final working Plans in substantial conformity to the approved preliminary Plans and shall submit the final working Plans to the Department for approval. Upon approval of the final working Plans by the Department, Tenant shall obtain all permits and other government approvals required for the commencement of construction. Prior to commencement of construction, Tenant shall deliver to the Department one (1) complete set of the final working Plans as approved by the governmental agencies exercising jurisdiction thereover. Minor changes from the final working Plans shall be permitted if such changes may be reasonably inferred from the final working Plans, or if they are made to comply with requirements of any governmental agency exercising jurisdiction thereoverIrrigation Company property interest.

Appears in 3 contracts

Samples: www.codot.gov, www.codot.gov, www.codot.gov

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Construction Requirements. Prior to constructing any improvements on the Premises or any other portion of the Industrial Park (including, but not limited to, the Initial Leasehold Improvements), Tenant Tenant, without cost to Town, shall cause prepare detailed preliminary construction plans and specifications for the improvements to be prepared (hereinafter collectively referred to as the "Plans") in accordance with standards established by the Department and deliver the preliminary Plans to the Department for review, comment and approval, which approval shall not be unreasonably withheld, conditioned or delayedadjustment. The Department shall review the preliminary Plans and provide a written response to Tenant within thirty fifteen (3015) days of delivery Business Days after receipt of the preliminary Plans; Approval of the Plans, including Plans to County for reviewimprovements that are required by Tenant's franchisor as part of its corporate identity program, shall not be unreasonably withheld, conditioned or delayed. In the event the Department does not approve the preliminary Plans, Tenant will be notified of the reasons for the disapproval and the necessary modifications and/or alterations to the Plans. Tenant shall resubmit modified Plans to the Department within thirty (30) days of the date of the Department’s 's written notice of disapprovaldisapproval and Department shall provide a written response to Tenant within fifteen (15) Business Days thereafter whether the modified Plans have been approved. Within one hundred twenty (120) days following approval of the preliminary Plans by the Department, Tenant shall prepare or cause to be prepared final working Plans in substantial conformity to the approved preliminary Plans and shall submit the final working Plans to the Department for approval. Upon approval of the final working Plans by the Department, Tenant shall obtain all permits and other government approvals required for the commencement of construction. Prior to commencement of construction, Tenant shall deliver to the Department one (1) complete set of the final working Plans as approved by the governmental agencies exercising jurisdiction thereover. Minor changes from the final working Plans shall be permitted if such changes may be reasonably inferred from the final working Plans, or if they are made to comply with requirements of any governmental agency exercising jurisdiction thereover.

Appears in 1 contract

Samples: Development Site Lease Agreement

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