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.

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.

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.

Construction Requirements. Prior Seller shall promptly and diligently after the Effective Date commence and diligently complete preparation of the plans and specifications (the “Plans and Specifications”) for an approximate 12,250 to constructing any improvements 13,450 square feet building including cellar (which building shall have a ground floor footprint as set forth on the Premises site plan survey annexed as Exhibit I-1 Site Plan). The building, to be constructed on the Retained Property, shall include a ground retail bank branch floor and three (3) upper floors, dedicated to office use by the Seller (collectively, “Bank Branch”), which shall incorporate the specifications contemplated by the Preliminary Specifications annexed hereto as Amended Exhibit I and as otherwise provided for herein. The Plans and Specifications shall be prepared by Seller’s architect. The Plans and Specifications shall be prepared in compliance with all applicable laws. Seller shall cause delivery of such Plans and Specifications to be delivered to Purchaser on or before March 30, 2011 (the “Plan Outside Date”) , which Plans and Specifications shall be subject to Purchaser’s approval; provided, however, that such approval shall not be unreasonably, withheld, delayed or conditioned. If said Plans and Specifications shall require revision pursuant to applicable review by the New York City Department of Buildings (“DOB”), Seller and Seller’s architect shall, within five (5) Business Days of notification of such revision, (the “Revision Period”) make all necessary revisions thereto and re-deliver said revised Plans and Specifications to Purchaser and Purchaser’s architect. Seller shall cause its engineer to submit such documentation to the Metropolitan Transit Authority (MTA) (the “MTA Documentation”) so as to obtain a letter of no effect with respect to the subway route nearest to the Property. Copies of the MTA Documentation shall be delivered to Purchaser and be subject to the prior written approval of Purchaser and Purchaser’s architect prior to Seller’s submission to the MTA which in each instance shall not be unreasonably, withheld, delayed or conditioned. If Seller shall have failed to (A) deliver the Plans and Specifications prior and/or MTA Documentation, as the case may be, prior to the Plan Outside Date and/or (B) reasonably respond to a request for changes within the Revision Period, for any reason, Purchaser shall be entitled to a credit against the Purchase Price in the amount of $650.00 per day for each day beyond the (1) Plan Outside Date that such final Plans and Specifications and/or MTA Documentation have not been delivered and (2) Revision Period that such revisions are not received by Purchaser. Following the finalization of the Plans and Specifications (ie. after DOB review), Seller shall deliver a complete and final set to Purchaser, in such form as required (i.e. CADD) for submission to the DOB. Purchaser shall seek on a diligent basis to obtain all necessary permits, and shall promptly and diligently after the Closing Date commence and thereafter diligently pursue on a continuous basis to completion the construction of the Bank Branch and Bank Branch Expansion, as contemplated by Amended Exhibit I (defined above) and the final Plans and Specifications. Purchaser shall keep Seller apprised of any material changes to the construction of the Bank Branch and Bank Branch Expansion from time to time and Purchaser is authorized, following prior notice and consultation with Seller, to make non-material or de minimis changes to the final Plans and Specifications as may be required during the course of construction. Purchaser shall construct the Bank Branch and Bank Branch Expansion in compliance with the final Plans and Specifications and Seller shall insure that the final Plans and Specifications meet all applicable legal requirements (“Requirements”), including, but not limited toto (i) Local Law No. 5 of 1973, as then in force, (ii) the Initial Leasehold Improvements)Building Code of New York City, Tenant as then in force, (iii) DOB policies and procedures, as then in force, (iv) the Zoning Resolution of New York City, as then in force, and (v) SEQRA. Purchaser, at its expense, shall cause detailed preliminary construction plans provide expediting service necessary to obtain any permits, certificates and specifications approvals (of applicable governmental authorities) for the improvements construction of the Bank Branch and Bank Branch Expansion required under the Requirements. Simultaneous with the preparation of the Plans and Specifications be delivered prior to be prepared (hereinafter collectively referred to the Plan Outside Date, as the “Plans”) in accordance with standards established by the Department set forth herein, Seller shall prepare and deliver the preliminary a set of Alternative Plans and Specifications (prior to the Department for reviewPlan Outside Date) which shall be utilized to the extent that (1) underpinning is required in respect of construction and (2) Seller is unable to obtain consents of applicable neighbors (including, comment without limitation, signature on any required applications to the DOB) on or before the Plan Outside Date. Such Alternative Plans and approval, which approval Specifications shall set forth construction of the Bank Branch and Bank Branch Expansion with an alternative foundation design so that neighbor consents and approvals shall not be necessary (such smaller basement shall thereafter be deemed to modify Exhibit I-1 Site Plan). Any incremental increase or decrease in the cost to construct the building using the alternative foundation design shall be adjusted between the parties. Such Alternative Plans and Specifications shall be subject to Purchaser’s approval not to be unreasonably withheld, conditioned or delayed. The Department Purchaser shall review pay $5,000 to Seller in respect of Seller’s costs incurred in connection with the preliminary generation of such Alternative Plans and provide a written response Specifications; such payment to Tenant be made within thirty (30) 15 days of demand by Seller but following Seller’s delivery of the preliminary Alternative Plans and Specifications as aforesaid. Seller, at no cost or expense to County it, shall promptly execute and deliver any documents or instruments reasonably required to obtain such permits, consents, certificates and approvals. Seller’s architect shall be the “architect of record” and Seller shall cause such architect to fully and completely cooperate with Purchaser and Purchaser’s architect. Seller acknowledges that Purchaser has heretofore caused a file to be opened with the DOB for reviewthe purposes of constructing the Bank Branch. In Provided that Seller shall have engaged Purchaser’s contractor pursuant to such contractor’s standard form (AIA Form 201 GC or equivalent thereof) of construction agreement (subject in any event to reasonable review and comment), Purchaser shall cause Purchaser’s contractor to promptly and diligently complete the event the Department does not approve the preliminary Plans, Tenant will be notified build-out of the reasons for Bank Branch (the disapproval “Build-Out”) per the plans and specifications (the necessary modifications and/or alterations “Scope”) to be developed by Seller’s architect. Based on drawings heretofore delivered by Seller’s architects to Purchaser’s contractor, the Plans. Tenant shall resubmit modified Plans to the Department within thirty (30) days cost of the date Build-Out has not yet been agreed and such cost shall only be ascertainable upon delivery 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 thereoverScope.”