Developer’s Right to Proceed With Development Work Clause Samples
The "Developer’s Right to Proceed With Development Work" clause grants the developer explicit permission to begin or continue work on a project, even if certain conditions or approvals are pending. In practice, this clause may allow the developer to move forward with design, construction, or other project phases before all permits are finalized or while awaiting client decisions, provided certain safeguards or notifications are met. Its core function is to prevent unnecessary project delays by clarifying when and how the developer can proceed, thereby reducing downtime and ensuring project momentum.
Developer’s Right to Proceed With Development Work. Developer may not obtain a grading or building permit, grade or otherwise disturb the earth, remove trees, develop, install utilities or commence other infrastructure improvements, or construct upon the Property in any manner until all of the following conditions have been satisfied:
A. This Development Agreement has been properly executed and recorded at the ▇▇▇▇▇▇ County Recorder’s Office.
B. Developer has provided the City with proof that all required permits have been obtained.
C. Developer has conveyed to the City all easements required and those easements have been recorded at the ▇▇▇▇▇▇ County Recorder’s Office.
D. The Delano City Clerk has issued a written letter that all conditions of this Section have been satisfied.
Developer’s Right to Proceed With Development Work. Developer may not obtain a grading or building permit, grade or otherwise disturb the earth, remove trees, develop, install utilities or commence other improvements, or construct upon the Property in any manner until all of the following conditions have been satisfied:
A. Developer has closed on the purchase of the Property and obtained all right, title, and interest in the Property.
B. This Development Agreement has been properly executed and recorded at the Wright County Recorder’s Office.
C. Developer has provided the City with proof that all required permits have been obtained.
D. Developer has paid all applicable City infrastructure fees, including sewer availability charges, water availability charges, sewer trunk fees, water trunk fees, and electric access fees, and other applicable fees.
E. Developer has conveyed to the City all easements required and those easements have been recorded at the Wright County Recorder’s Office.
F. The minimum Assessment Agreement and Assessor’s Certificate referred to in Section 4.5 herein, which establish a minimum market value for ad valorem taxes of $6,000,000 for the entire life of the TIF District, have been properly executed and recorded against the Property.
G. The City shall have adopted and continued to maintain, pursuant to terms and conditions the City deems acceptable, in its sole discretion, an economic development district on the Property, in compliance with law, including but not limited to in compliance with Minn. Stat. § 469.174, subd. 12.
H. The City shall have adopted and continued to maintain, pursuant to terms and conditions the City deems acceptable, in its sole discretion, a tax increment financing plan for the Property, which qualifies for 8 years of tax increment receipts pursuant to Minn. Stat. § 469.176, subd. 16(4), of a captured net tax capacity deemed adequate by the City, in its sole discretion.
I. The Delano City Clerk has issued a letter confirming that all conditions of this Section have been satisfied.
Developer’s Right to Proceed With Development Work. Developer may not obtain a grading or building permit, grade or otherwise disturb the earth, remove trees, develop, install utilities or commence other infrastructure improvements, or construct upon the Property in any manner until all of the following conditions have been satisfied:
a. EDA and Developer have closed on the Purchase Agreement, and Developer has obtained all right, title, and interest to the Property necessary to proceed with the Development Work.
b. The Final Plat has been approved and recorded.
c. This Development Agreement has been properly executed and recorded at the ▇▇▇▇▇▇ County Recorder’s Office.
d. Developer has provided the City with proof that all required permits have been obtained.
e. Developer has conveyed to the City all easements required and those easements have been recorded at the ▇▇▇▇▇▇ County Recorder’s Office.
f. Developer has provided to the City the Security referred to in Section 2.17 herein.
g. The minimum Assessment Agreement and Assessor’s Certificate referred to in Section 3.7 herein, which establish a minimum market value for ad valorem taxes of $9,362,500 for the entire life of the TIF District, have been properly executed and recorded against the Property.
h. The EDA shall have adopted and shall have continued to maintain, pursuant to terms and conditions the ▇▇▇ ▇▇▇▇▇ acceptable, in its sole discretion, a Redevelopment District on the Property, in compliance with law, including but not limited to in compliance with Minn. Stat. § 469.174, subd. 10.
i. The EDA shall have adopted and shall have continued to maintain, pursuant to terms and conditions the ▇▇▇ ▇▇▇▇▇ acceptable, in its sole discretion, a tax increment financing plan for the Property, which qualifies for 26 years of tax increment receipts pursuant to Minn. Stat. § 469.176, subd. 16(4), of a captured net tax capacity deemed adequate by the EDA, in its sole discretion.
j. Developer has provided to Delano proof that Developer has the insurance referred to in Section 2.16 herein.
k. The Delano City Clerk has issued a written letter that all conditions of this Section have been satisfied.
Developer’s Right to Proceed With Development Work. Developer may not obtain a grading or building permit, grade or otherwise disturb the earth, remove trees, develop, install utilities or commence other infrastructure improvements, or construct upon the Property in any manner until all of the following conditions have been satisfied:
A. This Development Agreement has been properly executed and recorded at the ▇▇▇▇▇▇ County Recorder’s Office.
B. the City has received the Security required by Article 2.
C. the City has received adequate proof of Developer's insurance as specified in Section 3.6 herein.
D. Developer has obtained all necessary permits from the City and other entities with jurisdiction over the Development Work.
E. Developer has conveyed to the City all easements required, including but not limited to the required shared access and parking easements, and those easements have been recorded at the ▇▇▇▇▇▇ County Recorder’s Office.
F. The Delano City Clerk has issued a certificate stating that all conditions of this Section have been satisfied.