Common use of Amendments to Major Phase Approvals Clause in Contracts

Amendments to Major Phase Approvals. Developer may apply to the Agency for an amendment to a Major Phase Approval in accordance with the standards and procedures for a Major Phase Application. All proposed amendments shall be subject to review and consideration by the Agency Director, unless the Agency Director determines that the proposed amendment is material, in which case the Agency Director shall submit the proposed amendment to the CAC or the PAC, as applicable, and then to Agency Commission. The Agency Commission shall take action on the proposed amendment in accordance with the standards and procedures set forth in Section IV.B.4. Without limiting the foregoing, the Approval of the Agency Commission shall be required for proposed amendments that: (i) materially amend the Infrastructure Plan; (ii) materially extend the Outside Dates for Sub-Phase Applications for one or more Sub-Phases within the Major Phase; (iii) increase the number of Sub-Phases within the Major Phase; (iv) materially extend the time for delivery of the Agency Lots within the Major Phase; (v) materially delay the Completion of or otherwise reduce the Associated Public Benefits applicable to one (1) or more Sub-Phases; or (vi) materially extend the time for delivery of the Xxxxx Xxxxxxxx Replacement Units. Extensions of time to which Developer is entitled under the DDA or the Xxxxx Xxxxxxxx DDA shall not be considered an amendment subject to the provisions of this Section IV.B.5.

Appears in 4 contracts

Samples: Disposition and Development Agreement, Exhibit E Drdap, Exhibit E Drdap

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Amendments to Major Phase Approvals. Developer may apply to the Agency for an amendment to a Major Phase Approval in accordance with the standards and procedures for a Major Phase Application. All proposed amendments shall be subject to review and consideration by the Agency Director, unless the Agency Director determines that the proposed amendment is material, in which case the Agency Director Developer shall submit the proposed amendment to the CAC or CAC. The Agency Director shall then submit the PAC, as applicable, and then proposed amendment to the Agency Commission. The Agency Commission shall take action on the proposed amendment in accordance with the standards and procedures set forth in Section IV.B.4. Without limiting the foregoing, the Approval of the Agency Commission shall be required for proposed amendments that: (i) materially amend the Infrastructure Plan; (ii) materially extend the Outside Dates for Sub-Phase Applications for one or more Sub-Phases within the Major Phase; (iii) increase the number of Sub-Phases within the Major Phase; (iv) materially extend the time for delivery of the Agency Lots within the Major Phase; (v) materially delay the Completion of or otherwise reduce the Associated Public Benefits applicable to one (1) or more Sub-Phases; or (vi) materially extend the time for delivery of the Xxxxx Xxxxxxxx Replacement Units. Extensions of time to which Developer is entitled under the DDA or the Xxxxx Xxxxxxxx DDA shall not be considered an amendment subject to the provisions of this Section IV.B.5.

Appears in 1 contract

Samples: Disposition and Development Agreement

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Amendments to Major Phase Approvals. Developer may apply to the Agency Authority for an amendment to a Major Phase Approval in accordance with the standards and procedures for a Major Phase Application. All proposed amendments shall be subject to review and consideration by the Agency Executive Director, unless the Agency Executive Director determines that the proposed amendment is material, in which case the Agency Executive Director shall submit the proposed amendment to the CAC or the PAC, as applicable, and then to Agency CommissionAuthority Board. The Agency Commission Authority Board shall take action on the proposed amendment in accordance with the standards and procedures set forth in Section IV.B.44.2.4. Without limiting the foregoing, the Approval of the Agency Commission Authority Board shall be required for proposed amendments that: (i) materially amend the Infrastructure Plan; (ii) materially amend the Phasing Plan (as updated and Approved from time to time); (iii) extend the Outside Dates for Sub-Phase Applications for one or more Sub-Phases within the Major Phase; (iiiiv) increase the number of Sub-Phases within the Major Phase; (iv) materially extend the time for delivery of the Agency Lots within the Major Phase; (v) materially delay the Completion of or otherwise reduce the Associated Public Benefits applicable to one (1) or more Sub-Phases; or (vi) materially extend the time for delivery of Authority Housing Lots within the Xxxxx Xxxxxxxx Replacement UnitsMajor Phase. Extensions of time to which Developer is entitled under the DDA or the Xxxxx Xxxxxxxx DDA shall not be considered an amendment subject to the provisions of this Section IV.B.54.2.5.

Appears in 1 contract

Samples: Disposition and Development Agreement

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