Common use of Development Approvals Clause in Contracts

Development Approvals. Provided that the Participant is not then in default of its obligations under any other Participant Agreement executed by the Participant (or by any successor corporation, subsidiary, or parent corporation) (the “Related Agreements”), the District agrees to issue a letter to the public entity having jurisdiction over the approval of proposed development within the Property, to be submitted prior to the first public hearing on such development, stating that the Participant has bound itself under this Agreement to fund a portion of the capacity required by the proposed development. Such letter shall remain on file with the public entity in connection with any continuation of the public hearing with respect to the development for which it was filed, subject to modification or withdrawal in the event the Participant subsequently defaults in its obligations to pay Capital Facility Fees hereunder for any Residential Units under any Related Agreements. Notwithstanding the foregoing, the parties agree and acknowledge that the payment of Capital Facility Fees represents mitigation of only a portion of the expected capital needs generated by new growth within the boundaries of the District, and that the ability of the District to deliver additional capital facilities on a timely basis is affected by other factors not exclusively within the control of the District, including but not limited to its ability to generate revenues from future bond issues, or to pass future bond elections. Accordingly, nothing shall prohibit the District from participating in the referral process relating to development on the Property of the Participant for the purpose of communicating to the approving Public Entity factual information regarding the impacts of the proposed development, including matters relating to the present and future capacity of school facilities to accommodate new student demand from the proposed development in light of the then-current financial capabilities of the District, the expected timing of construction of new facilities, or other constraints on the District’s ability to deliver required capacity on a timely basis. Additionally, nothing in this Agreement shall be construed to preclude the District from advocating or participating in any means by which the financing of capital facilities of the District may be advanced, or to otherwise constrain the exercise of its discretion to determine the manner in which educational services are to be delivered.

Development Approvals. Provided that The term "Development Approvals" as used in this Agreement, shall mean all City approvals, consents, permits, amendments, rezonings, special exceptions or variances as well as such other official actions of the Participant Governmental Authorities which are necessary to develop each Project Phase and the Project as a whole and each Project Phase. As soon as practicable and prior to closing on each Project Phase, but no longer than what is shown on the Critical Path, as revised from time-to-time in accordance with this Agreement, the Developer shall submit to the CRA for its review and approval, all applications and other submittals required to obtain the Development Approvals for the respective Project Phase, such approval not to be unreasonably withheld, delayed or conditioned provided applications and other submittals are consistent with the approved Project Phase and comply with all Applicable Laws. Following such review and approval, the CRA hereby agrees to execute and deliver to the Developer, in the CRA's capacity as the owner of the CRA Property, all applications and other submittals required to obtain the Development Approvals. If any such documents in which the CRA's joinder is requested contain material financial obligations binding (or which may become binding) upon the CRA, such obligations must be assumed by the Developer. If this Agreement is terminated, then in default upon the CRA's request, Developer shall withdraw all of its obligations under any other Participant Agreement executed pending applications and terminate all agreements which are terminable and/or withdrawable by the Participant (or by any successor corporationDeveloper, subsidiary, or parent corporation) (the “Related Agreements”), the District agrees to issue a letter to the public entity having jurisdiction over the approval of proposed development within the Property, to be submitted prior to the first public hearing on such development, stating that the Participant has bound itself under this Agreement to fund a portion of the capacity required by the proposed development. Such letter shall remain on file with the public entity in connection with any continuation of the public hearing with respect to the Development Approvals, which foregoing obligations shall survive termination of this Agreement. No later than the time of Site Plan submittal to the City, the Developer shall complete and submit to the CRA: all design requirements, including the proposed Site Plan prior to submittal; preliminary civil engineering; any other plans and specifications required for the development to proceed; design elements (excluding logos) for which it was filedthe various buildings within the Project, subject to modification or withdrawal in the event the Participant subsequently defaults in its obligations to pay Capital Facility Fees hereunder including definitions of sample architectural styles with representative illustrations; and copies of applications for any Residential Units under any Related AgreementsDevelopment Approvals required for the development and construction of the Project. Notwithstanding The CRA shall approve the foregoingforegoing if they are substantially consistent with the Pre-Development Plan attached hereto as Exhibit B. Thereafter, the parties agree Development Approvals shall proceed in accordance with the City’s ordinances and acknowledge that Land Development Code and the payment of Capital Facility Fees represents mitigation of only a representative design elements and style portion of the expected capital needs generated documents, once approved by new growth within the boundaries of CRA, will be the District, and that the ability of the District to deliver additional capital facilities on a timely basis is affected by other factors not exclusively within the control of the District, including but not limited to its ability to generate revenues from future bond issues, or to pass future bond elections. Accordingly, nothing shall prohibit the District from participating in the referral process relating to development on the Property of the Participant “Architectural Scheme” for the purpose of communicating to the approving Public Entity factual information regarding the impacts of the proposed development, including matters relating to the present and future capacity of school facilities to accommodate new student demand from the proposed development in light of the then-current financial capabilities of the District, the expected timing of construction of new facilities, or other constraints on the District’s ability to deliver required capacity on a timely basis. Additionally, nothing in this Agreement shall be construed to preclude the District from advocating or participating in any means by which the financing of capital facilities of the District may be advanced, or to otherwise constrain the exercise of its discretion to determine the manner in which educational services are to be deliveredProject.