Common use of Construction Timing Clause in Contracts

Construction Timing. The improvements shall be completed by the Subdivision Owner (or its agents or assigns) within twenty-four (24) months after the Antelope Park Parcel-A and Parcel-B Final Development Plans and Final Plats (FDP) are recorded in the Office of the Yavapai County, Arizona Recorder. Extensions of this time limitation may be granted by the Town Manager (or his/her designee), but only under the following conditions: a) inclement weather of such nature that construction reasonably could not continue; b) unavailability of construction materials which are reasonably beyond the control of the Subdivision Owner (or its agents or assigns); c) delays caused by utility company installation schedules which are reasonably beyond the control of the Subdivision Owner (or its agents or assigns); d) any other "force majeure" which, in the opinion of the Town Manager (or his/her designee), makes it physically impossible for the Subdivision Owner (or its agents or assigns) to finish construction as scheduled; or e) any delay or failure of the Town to (i) install or construct off-site or on- site improvements to serve Subdivision Owner's property as set forth in any Development Agreement; or (ii) timely approve Subdivision Owner's reasonable requests for permits, licenses, inspections or other requirements of the Town. Note that financial inability or impossibility is expressly not a basis for granting any extension of this time limitation. Note also that any time extensions granted may not exceed the number of days during which the condition actually lasted. Finally, the Subdivision Owner expressly agrees that if the required assurances for improvements in the Antelope Park Parcel-A & Parcel-B Final Development Plans and Final Plats (FDP) are not delivered as set forth in this Subdivision Agreement within five (5) years after the Antelope Park Parcel-A & Parcel-B Final Development Plans and Final Plats (FDP) are recorded in the Office of the Yavapai County, Arizona Recorder, then any lots or parcels for which the required assurances have not been delivered shall automatically revert to un- platted land, and the Subdivision Owner expressly approves in advance by its execution of this Subdivision Agreement the necessary Reversionary Plat(s) authorized by the Town Council to be recorded in the Office of the Yavapai County, Arizona Recorder to formalize such reversion.

Construction Timing. The improvements shall be completed by the Subdivision Owner (or its agents or assigns) within twenty-four twelve (2411) months after the Antelope Park Parcel-A and Parcel-B Granville Unit 13A Final Plat (Final Development Plans and Final Plats (FDPPlan) are is recorded in the Office of the Yavapai County, Arizona Recorder. Extensions of this time limitation may be granted by the Town Manager (or his/her designee), but only under the following conditions: a) inclement weather of such nature that the Town Manager (or his/her designee) concludes construction reasonably could not continue; b) unavailability of construction materials which are reasonably which, in the opinion of the Town Manger (or his/her designee) is beyond the control of the Subdivision Owner (or its agents or assigns); c) delays caused by utility company installation schedules which which, in the opinion of the Town Manager (or his/her designee) are reasonably beyond the control of the Subdivision Owner (or its agents or assignsagents);; or d) any other "force majeure" which, in the opinion of the Town Manager (or his/her designee), makes it physically impossible for the Subdivision Owner (or its agents or assigns) to finish construction as scheduled; or e) any delay or failure of the Town to (i) install or construct off-site or on- site improvements to serve Subdivision Owner's property as set forth in any Development Agreement; or (ii) timely approve Subdivision Owner's reasonable requests for permits, licenses, inspections or other requirements of the Town. Note that financial inability or impossibility is expressly not a basis for granting any extension of this time limitation. Note also that any time extensions granted may not exceed the number of days during which the condition actually lasted. Finally, the Subdivision Owner expressly agrees that if the required assurances for improvements in the Antelope Park Parcel-A & Parcel-B Final Development Plans and Final Plats (FDP) Granville Unit 13A Subdivision are not delivered as set forth in this Subdivision Agreement within five (5) years after the Antelope Park Parcel-A & Parcel-B Granville Unit 13A Final Plat (Final Development Plans and Final Plats (FDPPlan) are is recorded in the Office of the Yavapai County, Arizona Recorder, then any lots or parcels for which the required assurances have not been delivered shall automatically revert to un- un-platted land, and the Subdivision Owner expressly approves in advance by its execution of this Subdivision Agreement the necessary Reversionary Plat(s) authorized by the Town Council to be recorded in the Office of the Yavapai County, Arizona Recorder to formalize such reversionreversion of lots and parcels to unplatted land.