Common use of Outside Building Permit Issuance Date Clause in Contracts

Outside Building Permit Issuance Date. If Developer has not been issued a building permit for the Project by the “Outside Building Permit Issuance Date” (defined below), then on the day after the Outside Building Permit Issuance Date, without any further action by either Party, this Agreement shall automatically terminate and be of no further force or effect. For purposes of clarity, if Developer has not been issued a building permit (or Foundation Only Permit pursuant to Section 2.4.6) for the Project by the Outside Building Permit Issuance Date, the City shall not be required to pursue its remedies under Section 11.4 of this Agreement, and this Agreement shall, instead, automatically terminate. “Outside Building Permit Issuance Date” means the date that is the last day of the thirty-sixth (36th) full calendar month after the Effective Date; provided that the Outside Building Permit Issuance Date may be extended by applicable Excusable Delays and otherwise in accordance with the remainder of this paragraph. If the approval by the ARB of the Project design does not occur within six (6) months of the submittal by Developer to the ARB of the Project design, then the Outside Building Permit Issuance Date shall be extended one month for each additional month greater than four that the final ARB approval is delayed. At any time after the last day of the twenty-fourth (24th) full calendar month after the Effective Date (the “Extension Notice Date”), Developer may deliver written notice to the Planning Director, requesting an extension of the Outside Building Permit Issuance Date for an additional twelve (12) months. The Outside Building Permit Issuance Date may be administratively extended not more than one (1) time for an additional twelve (12) month extension. The Planning Director may grant such extension if Developer can demonstrate substantial progress has been made towards obtaining a building permit and show reasonable cause why Developer will not be able to obtain the building permit for the Project by the initial Outside Building Permit Issuance Date and can demonstrate that: (a) the condition of the Property will not adversely affect public health or safety and (b) the continued delay will not create any unreasonable visual or physical detriment to the neighborhood.

Appears in 3 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

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Outside Building Permit Issuance Date. If Developer has not been issued a building permit for the Project by the “Outside Building Permit Issuance Date” (defined below), then on the day after the Outside Building Permit Issuance Date, without any further action by either Party, this Agreement shall automatically terminate and be of no further force or effect. For purposes of clarity, if Developer has not been issued a building permit (or Foundation Only Permit pursuant to Section 2.4.6) for the Project by the Outside Building Permit Issuance Date, the City shall not be required to pursue its remedies under Section 11.4 of this Agreement, and this Agreement shall, instead, automatically terminate. “Outside Building Permit Issuance Date” means the date that is the last day of the thirty-sixth forty eighth (36th48th) full calendar month after the Effective Date; provided that the Outside Building Permit Issuance Date may be extended by applicable Excusable Delays and otherwise in accordance with the remainder of this paragraph. If the approval by the ARB of the Project design does not occur within six four (64) months of the submittal by Developer to the ARB of the Project design, then the Outside Building Permit Issuance Date shall be extended one month for each additional month greater than four that the final ARB approval is delayed. At any time after the last day of the twenty-fourth forty second (24th42nd) full calendar month after the Effective Date (the “Extension Notice Date”), Developer may deliver written notice to the Planning Director, requesting an extension of the Outside Building Permit Issuance Date for an additional twelve (12) months. The Outside Building Permit Issuance Date may be administratively extended not more than one (1) time for an additional twelve (12) month extensiontime. The Planning Director may grant such extension if Developer can demonstrate substantial progress has been made towards obtaining a building permit and show reasonable cause why Developer will not be able to obtain the building permit for the Project by the initial Outside Building Permit Issuance Date and can demonstrate that: (a) the condition of the Property will not adversely affect public health or safety and (b) the continued delay will not create any unreasonable visual or physical detriment to the neighborhood.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Outside Building Permit Issuance Date. If Developer MINI of Santa Xxxxxx has not been issued a building permit for the Project by the “Outside Building Permit Issuance Date” (defined below), then on the day after the Outside Building Permit Issuance Date, without any further action by either Party, this Agreement shall automatically terminate and be of no further force or effect. For purposes of clarity, if Developer MINI of Santa Xxxxxx has not been issued a building permit (or Foundation Only Permit pursuant to Section 2.4.6) for the Project by the Outside Building Permit Issuance Date, the City shall not be required to pursue its remedies under Section 11.4 of this Agreement, and this Agreement shall, instead, automatically terminate. “Outside Building Permit Issuance Date” means the date that is the last day of the thirty-sixth (36th) full calendar month after the Effective Date; provided that the Outside Building Permit Issuance Date may be extended by applicable Excusable Delays and otherwise in accordance with the remainder of this paragraph. If the approval by the ARB of the Project design does not occur within six four (64) months of the submittal by Developer MINI of Santa Xxxxxx to the ARB of the Project design, then the Outside Building Permit Issuance Date shall be extended one month for each additional month greater than four that the final ARB approval is delayed. At any time after prior to the last day of the twentythirty-fourth sixth (24th36th) full calendar month after the Effective Date (the "Extension Notice Date"), Developer may MINI of Santa Xxxxxx xxx deliver written notice to the Planning Director, requesting an extension of the Outside Building Permit Issuance Date for an additional twelve (12) months. The Outside Building Permit Issuance Date may be administratively extended not more than one (1) time for an additional twelve (12) month extensionmonths. The Planning Director may grant such extension if Developer MINI of Santa Xxxxxx can demonstrate substantial progress has been made towards obtaining a building permit and show reasonable cause why Developer MINI of Santa Xxxxxx will not be able to obtain the building permit for the Project by the initial Outside Building Permit Issuance Date and can demonstrate that: (a) the condition of the Property will not adversely affect public health or safety and (b) the continued delay will not create any unreasonable visual or physical detriment to the neighborhood.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Outside Building Permit Issuance Date. If Developer has not been issued a building permit for the Project by the “Outside Building Permit Issuance Date” (defined below), then on the day after the Outside Building Permit Issuance Date, without any further action by either Party, this Agreement shall automatically terminate and be of no further force or effect. For purposes of clarity, if Developer has not been issued a building permit (or Foundation Only Permit pursuant to Section 2.4.6) for the Project by the Outside Building Permit Issuance Date, the City shall not be required to pursue its remedies under Section 11.4 of this Agreement, and this Agreement shall, instead, automatically terminate. “Outside Building Permit Issuance Date” means the date that is the last day of the thirty-sixth (36th) full calendar month after the Effective Date; provided that the Outside Building Permit Issuance Date may be extended by applicable Excusable Delays and otherwise in accordance with the remainder of this paragraph. If the approval by the ARB of the Project design does not occur within six four (64) months of the submittal by Developer to the ARB of the Project design for any reason other than the ARB's proper exercise of discretion to approve or disapprove the Project design, then the Outside Building Permit Issuance Date shall be extended one month for each additional month greater than four that the final ARB approval is delayed. At any time after the last day of the twentythirty-fourth sixth (24th36th) full calendar month after the Effective Date (the "Extension Notice Date"), Developer may deliver written notice to the Planning Director, requesting an extension of the Outside Building Permit Issuance Date for an additional twelve (12) months. The Outside Building Permit Issuance Date may be administratively extended not more than one two (12) time times for an additional twelve (12) month months per extension. The Planning Director may grant such extension if Developer can demonstrate substantial progress has been made towards obtaining a building permit and show reasonable cause why Developer will not be able to obtain the building permit for the Project by the initial Outside Building Permit Issuance Date and can demonstrate that: (a) the condition of the Property will not adversely affect public health or safety and (b) the continued delay will not create any unreasonable visual or physical detriment to the neighborhood.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Outside Building Permit Issuance Date. If Developer has not been issued a building permit for the Project by the “Outside Building Permit Issuance Date” (defined below), then on the day after the Outside Building Permit Issuance Date, without any further action by either Party, this Agreement shall automatically terminate and be of no further force or effect. For purposes of clarity, if Developer has not been issued a building permit (or Foundation Only Permit pursuant to Section 2.4.6) for the Project by the Outside Building Permit Issuance Date, the City shall not be required to pursue its remedies under Section 11.4 of this Agreement, and this Agreement shall, instead, automatically terminate. “Outside Building Permit Issuance Date” means the date that is the last day of the thirty-sixth (36th) full calendar month after the Effective Date; provided that the Outside Building Permit Issuance Date may be extended by applicable Excusable Delays and otherwise in accordance with the remainder of this paragraph. If the approval by the ARB of the Project design does not occur within six two (62) months of the submittal by Developer to the ARB of the Project design for any reason other than the ARB's proper exercise of discretion to approve or disapprove the Project design, then the Outside Building Permit Issuance Date shall be extended one month for each additional month greater than four two that the final ARB approval is delayed. At any time after the last day of the twentythirty-fourth sixth (24th36th) full calendar month after the Effective Date (the "Extension Notice Date"), Developer may deliver written notice to the Planning Director, requesting an extension of the Outside Building Permit Issuance Date for an additional twelve (12) months. The Outside Building Permit Issuance Date may be administratively extended not more than one two (12) time times for an additional twelve (12) month months per extension. The Planning Director may grant such extension if Developer can demonstrate substantial progress has been made towards obtaining a building permit and show reasonable cause why Developer will not be able to obtain the building permit for the Project by the initial Outside Building Permit Issuance Date and can demonstrate that: (a) the condition of the Property will not adversely affect public health or safety and (b) the continued delay will not create any unreasonable visual or physical detriment to the neighborhood.

Appears in 1 contract

Samples: Development Agreement

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Outside Building Permit Issuance Date. If Developer has not been issued a building permit for the Project by the “Outside Building Permit Issuance Date” (defined below), then on the day after the Outside Building Permit Issuance Date, without any further action by either Party, this Agreement shall automatically terminate and be of no further force or effect. For purposes of clarity, if Developer has not been issued a building permit (or Foundation Only Permit pursuant to Section 2.4.6) for the Project by the Outside Building Permit Issuance Date, the City shall not be required to pursue its remedies under Section 11.4 of this Agreement, and this Agreement shall, instead, automatically terminate. “Outside Building Permit Issuance Date” means the date that is the last day of the thirty-sixth (36th) full calendar month after the Effective Date; provided that the Outside Building Permit Issuance Date may be extended by applicable Excusable Delays and otherwise in accordance with the remainder of this paragraph. If the approval by the ARB of the Project design does not occur within six two (62) months of the submittal by Developer to the ARB of the Project design for any reason other than the ARB’s proper exercise of discretion to approve or disapprove the Project design, then the Outside Building Permit Issuance Date shall be extended one month for each additional month greater than four two that the final ARB approval is delayed. At any time after the last day of the twentythirty-fourth sixth (24th36th) full calendar month after the Effective Date (the “Extension Notice Date”), Developer may deliver written notice to the Planning Director, requesting an extension of the Outside Building Permit Issuance Date for an additional twelve (12) months. The Outside Building Permit Issuance Date may be administratively extended not more than one two (12) time times for an additional twelve (12) month months per extension. The Planning Director may grant such extension if Developer can demonstrate substantial progress has been made towards obtaining a building permit and show reasonable cause why Developer will not be able to obtain the building permit for the Project by the initial Outside Building Permit Issuance Date and can demonstrate that: (a) the condition of the Property will not adversely affect public health or safety and (b) the continued delay will not create any unreasonable visual or physical detriment to the neighborhood.

Appears in 1 contract

Samples: Development Agreement

Outside Building Permit Issuance Date. If Developer School has not been issued a building permit for the Project by the “Outside Building Permit Issuance Date” (defined below), then on the day after the Outside Building Permit Issuance Date, without any further action by either Party, this Agreement shall automatically terminate and be of no further force or effect. For purposes of clarity, if Developer School has not been issued a building permit (or Foundation Only Permit pursuant to Section 2.4.6) for the Project by the Outside Building Permit Issuance Date, the City shall not be required to pursue its remedies under Section 11.4 of this Agreement, and this Agreement shall, instead, automatically terminate. “Outside Building Permit Issuance Date” means the date that is the last day of the thirtyseventy-sixth second (36th72nd) full calendar month after the Effective Date; provided that the Outside Building Permit Issuance Date may be extended by applicable Excusable Delays and otherwise in accordance with the remainder of this paragraph. If the approval by the ARB of the Project design does not occur within six four (64) months of the submittal by Developer School to the ARB of the Project design, then the Outside Building Permit Issuance Date shall be extended one month for each additional month greater than four that the final ARB approval is delayed. At any time after before the last day of the twentyseventy-fourth second (24th72nd) full calendar month after the Effective Date (the "Extension Notice Date"), Developer School may deliver written notice to the Planning Director, requesting an extension of the Outside Building Permit Issuance Date for an additional twelve (12) months. The Outside Building Permit Issuance Date may be administratively extended not more than one three (13) time times for an additional twelve (12) month months per extension. The Planning Director may grant such extension if Developer School can demonstrate substantial progress has been made towards obtaining a building permit and show reasonable cause why Developer School will not be able to obtain the building permit for the Project by the initial Outside Building Permit Issuance Date and can demonstrate that: (a) the condition of the Property will not adversely affect public health or safety and (b) the continued delay will not create any unreasonable visual or physical detriment to the neighborhood.:

Appears in 1 contract

Samples: Development Agreement

Outside Building Permit Issuance Date. If Developer has not been issued a building permit for the Project by the Outside Building Permit Issuance Date” Date (defined below), then on the day after the Outside Building Permit Issuance Date, without any further action by either Party, this Agreement shall automatically terminate and be of no further force or effect. Issuance of a Foundation Only Permit pursuant to Section 2.4.6 constitutes a building permit for purposes of this Section 3.3. For purposes of clarity, if Developer has not been issued a building permit (or Foundation Only Permit pursuant to Section 2.4.6) for the Project by the Outside Building Permit Issuance Date, the City shall not be required to pursue its remedies under Section 11.4 of this Agreement, and this Agreement shall, instead, automatically terminate. "Outside Building Permit Issuance Date" means the date that is the last day of the thirty-sixth ten (36th10) full calendar month years after the Effective Date; provided that the Outside Building Permit Issuance Date may shall automatically be extended by applicable Excusable Delays and otherwise in accordance with the remainder of this paragraph. If the approval by the ARB of the Project design does not occur within six (6) months of the submittal by Developer to the ARB Landmarks Commission of the Project designdesign pursuant to Section 6.1, then the Outside Building Permit Issuance Date shall automatically be extended one month for each additional month or partial month greater than four six (6) that the final ARB design approval is delayed. If the approval by the California Coastal Commission of the Project does not occur within six (6) months of the submittal by Developer to the Coastal Commission, then the Outside Building Permit Issuance Date shall automatically be extended one month for each additional month or partial month greater than six (6) that the Coastal Commission approval is delayed. At any time after the last day of the twenty-fourth (24th) full calendar month after the Effective Date (but before the “Extension Notice Outside Building Permit Issuance Date”), Developer may deliver written notice to the Planning Director, Community Development Director requesting an extension of the Outside Building Permit Issuance Date for an additional twelve (12) months. The Outside Building Permit Issuance Date may be administratively extended not more than one (1) time for an additional twelve (12) month extension. The Planning Community Development Director may grant such extension if Developer can demonstrate substantial progress has been made towards obtaining a building permit and show reasonable cause why Developer will not be able to obtain the building permit for the Project by the initial Outside Building Permit Issuance Date and can demonstrate that: (a) the condition of the Property will not adversely affect public health or safety and (b) the continued delay will not create any unreasonable visual or physical detriment to the neighborhood.neighborhood.‌

Appears in 1 contract

Samples: Development Agreement

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