Development Conditions Clause Samples

Development Conditions. This property is subject to the conditions of sale described in Assembly Ordinance (AO) 2007-126 and Assembly Memorandum (AM) 553-2007. A replat of the property is to be conducted at the time of development, designating the northern 5 acres, more or less, and the southerly 12.5 acres, more or less, as park, and the central 19.5 acres, more or less, for residential development. The HLB and MOA Planning Department shall delineate the appropriate areas and zoning in conjunction with the successful bidder during the replat of the property. A trail easement shall be designed and dedicated, extending through the property to adjacent properties, with the long term goal of connecting to Chugach State Park. The successful bidder shall be required to resolve the issue of road dedication through the site to connect to Potter Valley Heights and to the north along the western boundary. The AO and the Potter Valley Land Use Analysis completed by the HLB are the governing documents for development in the parcel area. Goals of the Land Use Analysis shall be implemented via the platting and rezoning process undertaken in the future by the purchaser.

Development Conditions. The Company must—

Development Conditions. Copies of all unrecorded land use restrictions, proffers and other conditions limiting development of any of the Facilities, if any.

Development Conditions. AGENCY must construct a residential single-family detached house, which must be built in accordance with all applicable building, land use and zoning regulations. Houses must meet the following minimum size and design requirements; 1,200 square feet, 3 bedrooms, 2 bathrooms, and enclosed garage.

Development Conditions. To Sellers’ Knowledge, there are no material geotechnical conditions adversely affecting any material portion of the Properties which would materially preclude the development thereof in accordance with the applicable Seller’s, Joint Venture’s, Wholly Table of Contents Owned Entity’s or Subsidiary’s current business plan for the Properties. To Sellers’ Knowledge, no material portion of the Properties includes any archeological sites, paleontological sites, historical sites, artifacts or burial grounds of historical or cultural significance that would materially preclude the development thereof in accordance with the applicable Seller’s, Joint Venture’s, Wholly Owned Entity’s or Subsidiary’s current business plan for the Properties.

Development Conditions. A copy of all proffers, if any, land use restrictions, or other conditions in Seller's possession or control limiting development of the Property.

Development Conditions. As consideration for the City agreeing to sell the Property to the Purchaser for the Purchase Price, the Purchaser and SoFun agree to the following: (a) The Purchaser shall submit an application to rezone the Property to the B-2 general business district, together with an application for a conditional use permit that would allow a restaurant with a drive-through window (together, the “Land Use Application”), to the City’s Planning and Zoning Administrator no later than ninety (90) days following the Effective Date. The Land Use Application must include proffered conditions that (i) limit the permitted and conditional uses on the Property to those shown on the list attached hereto as Exhibit C and incorporated herein by reference, and (ii) include elevations and colored renderings of the Building. (b) The Purchaser shall request, in writing, the concurrent processing of a site plan in accordance with City Code §§ 31-54.1(h) and 31-55(a)(6), specifically acknowledging that (i) the approval of such concurrent processing by the Planning and Zoning Administrator or her designee will in no way affect the outcome of the Land Use Application, (ii) the Purchaser assumes the risk that the Land Use Application might be denied, and (iii) all costs related to the submission of such site plan are the Purchaser’s sole responsibility. (c) The Purchaser or any subsequent fee simple title owner of all or any applicable portion of the Property (an “Owner”) shall develop the Property in accordance with this Agreement, the City’s Zoning Ordinance (City Code Chapter 31), the approved Land Use Application, and the City’s Public Facility Manual. All work, materials, and improvements done or to be installed or furnished by the Purchaser or an Owner pursuant to this Agreement shall be done and completed by the Purchaser or the Owner in a good and workmanlike manner in accordance with the rules, regulations, laws, and ordinances of the applicable governmental authorities. If the Purchaser sells the Property prior to the final Annual Installment payment, the remaining balance of the Purchase Price must be promptly paid to the Seller, such payment to occur no later than the closing for such sale. (d) The Purchaser and any Owner shall grant to the City the right to make repairs and maintenance to the Property, including the exterior of the Building, if the Purchaser, an Owner, or any tenant on the Property fails to do so, with the cost of such maintenance or repair to be reimbursed to ...

Development Conditions. 20.1 The parties acknowledge that the Property forms part of a phased development comprising various subdivided ▇▇▇▇▇, a guest house and wine farming activities. They acknowledge further that the Transfer Date may occur prior to the finalization of the complete development which may cause certain inconvenience to the Purchaser from the building process, noise and dust resulting therefrom. The Purchaser accordingly agrees not to hold the Seller liable for any interruption of the peaceful use and enjoyment of the Property and convenience or damage caused by the construction, development and the ongoing farming activities on the surrounding properties. 20.2 The parties acknowledge that the site development plan comprising the Property and other subdivisions in the development on which the Plan (Annexure "C"), has been based, has been approved by the relevant authorities. The parties though agree that the Seller shall be entitled to vary the Plan to such extent as may, in the Seller's opinion, be reasonably necessary to: 20.2.1 meet any requirements of any competent authority; 20.2.2 meet any special features and contours of the Property; 20.2.3 meet any special impediments such as water, sewer or electrical lines either above or under ground, or any rock or other soil condition; 20.2.4 give effect to any changes in materials, finishes or fittings (including without limitation the colours and aesthetics of the Buildings) which the Seller considers to be appropriate or which may not be readily available at the time due to shortage in supply of such materials, finishes or fittings, without however detracting from the quality of the Buildings and/or the Property; 20.2.5 to comply with the approved building plans as amended to provide for any requirements of the local- and other authorities; or 20.2.6 to comply with any other legal or relevant requirement which may be applicable to the Property, the Buildings or the Longlands Country Estate Home Owners Association, provided that, in the event of the total area of the Property varying by more than 5 (Five) per cent than the anticipated area/s as indicated in item 3 of the Schedule of Information, pursuant to such variance thereof, then and in such event the parties shall attempt to renegotiate the terms and conditions of this agreement and, failing consensus between them, either the Seller (in the event of such an increase in the total area) or the Purchaser (in the event of such an decrease of the total area) shal...

Development Conditions. (a) Promptly following the expiration of the Study Period, the Purchaser shall submit to the City’s Department of Planning and Zoning applications (i) to amend the City’s Comprehensive Plan to change the planning designation for the Development Property to a combination of Multi-Family Residential and Single Family Residential (attached) dwelling units (the “Comprehensive Plan Amendment”), and (ii) to rezone the Development Property to the PUD, Planned Unit Development zoning district (the “Rezoning”) to allow for development of the residential units described below in this Subsection 7(a). The Comprehensive Plan Amendment and the Rezoning shall be diligently pursued to ensure consideration by the City’s planning commission (the “Planning Commission”) and governing body (the “Governing Body”) in one or more public hearings advertised in accordance with Va. Code § 15.2-2204, the first public hearing to be held within six (6) months following the expiration of the Study Period. As part of the Rezoning, the Purchaser shall proffer (iii) a development plan for the Project prepared in accordance with City Code § 31-17 that permits only 2-over-2 stacked townhome condominium multifamily units and sixteen feet (16’), twenty feet (20’), and twenty-two feet (22’) wide townhome single family attached dwelling units (the “Development Plan”), (iv) elevations for the same, (v) the granting to the City of a conservation easement within an area extending 150’ onto the Property from the curb line of Manassas Drive as shown on Exhibit C attached hereto and incorporated herein by reference, which shall preserve the existing trees in the conservation easement area subject to temporary grading, storm water management and utility easements needed to serve the Condominium Units and Project, and (vi) the designation of five percent (5%) of the total number of dwelling units approved for the Project as affordable dwelling units or workforce dwelling unitsADU/WDU Units, subject to the City’s policy titled “Committed Attainable For-Sale Housing Options in the City of Manassas Park”, a copy of which is attached to this Agreement as Exhibit D and incorporated herein by reference. (b) If either the Comprehensive Plan Amendment or the Rezoning has not been considered by the Planning Commission and Governing Body in accordance with Subsection 7(a) above within the 6-month period described therein, the Seller and the Purchaser may mutually agree, in writing, to extend such period by sixty...