Development of the Property. Except as modified by this Agreement, the Development and the Property will be developed in accordance with all applicable local, state, and federal regulations, including but not limited to the City’s ordinances and the zoning regulations applicable to the Property, and such amendments to City ordinances and regulations that that may be applied to the Development and the Property under Chapter 245, Texas Local Government Code, and good engineering practices (the “Applicable Regulations”). If there is a conflict between the Applicable Regulations and the Development Standards, the Development Standards shall control.
Development of the Property. The Property shall be developed in accordance with the Zoning Regulations and this Agreement. All costs charged by or to the City for reviews required by the MZDO shall be paid by the Owner or Developer or other party applying for such review as generally charged throughout the City for plan review. The City shall, throughout the Term, maintain or cause to be maintained, a procedure for the processing of reviews as contemplated by the Zoning Regulations and this Agreement.
Development of the Property. Should the Developer Owners and/or any Parcel Owners develop the Property pursuant to this Agreement, then the Property shall be Developed (i) in accordance with the terms and conditions of the LUMO and any other applicable Town ordinances in effect as of the Effective Date; and (ii) in substantial compliance with the specific standards and mitigation measures approved by the Parties as set forth in Article 5 of this Agreement. Any future modifications or revisions to the LUMO or any other Town ordinances would not apply to Development on the Property. The maximum height, bulk, size, and design of buildings and the placement, location, and configuration of the development sites, infrastructure, open space, streets, sidewalks and other public improvements shall be in substantial compliance Article 5 of this Agreement. Except as limited by this Agreement or as otherwise provided in this Agreement, Development shall be substantially consistent with the Town’s Design Guidelines, Design Manual, Engineering Standards and other Town standards or policies in effect as of the effective date (collectively, “Town Regulations”). Notwithstanding the foregoing, in the event of any conflict between the provisions of the Town Regulations, and the express provisions of this Agreement, the terms of the Agreement shall be controlling. A certified copy of the LUMO and any other applicable Town ordinances in effect as of the Effective Date shall be provided to and maintained on file and online by the Town Clerk, the Developer Owners and the Representative.
Development of the Property. Owner covenants and agrees for itself, its successors and assigns and every successor in interest to the Property or any part thereof, that Owner, its successors and assigns, shall develop and construct, or cause the development and construction, of the Improvements on the Property in accordance with the provisions of the DDA and this Agreement.
Development of the Property. SECTION 301 Land Use Approvals It is the responsibility of Developer, without cost to City, to ensure that zoning of the Property and all applicable City land use requirements will permit development of the Property and construction of the Improvements and the use, operation and maintenance of such Improvements in accordance with the provisions of this Agreement. The following shall be conditions of the Close of Escrow and shall be accomplished by the date set forth in the Schedule of Performance (Attachment No. 5): (A) Developer shall submit and Mayor shall approve complete Design Development Drawings; (B) Developer shall obtain all entitlements, approvals, variances and permits necessary for the commencement of excavation and grading in connection with construction of the Improvements; and (C) Developer shall satisfy all other conditions precedent to the Close of Escrow as set forth in the Method of Financing (Attachment No. 4). Nothing contained herein shall be deemed to entitle Developer to any City of San Diego permit or other City approval necessary for the development of the Property, or waive any applicable City requirements relating thereto. This Agreement does not (a) grant any land use entitlement to Developer, (b) supersede, nullify or amend any condition which may be imposed by the City of San Diego in connection with approval of the development described herein, (c) guarantee to Developer or any other party any profits from the development of the Property, or (d) amend any City laws, codes or rules. This is not a Development Agreement as provided in California Government Code section 65864. Without cost to City, City shall provide appropriate technical assistance to Developer in connection with Developer’s obtaining all necessary entitlements, permits and approvals for the construction of the Improvements, qualifying for the City’s Affordable Infill Housing Expedite Program and obtaining deferral of City-imposed fees until issuance of certificates of occupancy, as applicable.
Development of the Property. The Property shall be developed in accordance with this Agreement, the Code of Ordinances, and other applicable land development regulations required by the City, State, and/or Federal Government. The City shall, throughout the Term, maintain or cause to be maintained a procedure for the processing of reviews as contemplated by this Agreement and the Code of Ordinances. The City shall review applications for development approval based on the development standards adopted as a part of the Code of Ordinances, unless such standards are superseded by the terms of this Agreement, in which case the terms of this Agreement shall govern.
Development of the Property. The Project subject to this Agreement shall be developed in accordance with the terms and conditions of the LUMO in effect as of the Effective Date and with the terms and conditions of this Agreement, including all incorporated Exhibits. The maximum height, bulk, size, and design of buildings and the placement, location, and configuration of the development sites, infrastructure, open space, streets, sidewalks and other public improvements shall be in substantial compliance with this Agreement, subject, however, to any rights the University may have to make adjustments to the same as provided in Section 3.5.5 of the LUMO. Development shall be substantially consistent with that depicted on the long-range plan for Carolina North. Except as limited by Section 5.12.1 of this Agreement, development shall be substantially consistent with the approved Carolina North Design Guidelines 2008, which are set forth as Exhibit L attached hereto and incorporated herein by reference. Development shall be substantially consistent with the site plan for the portion of the Carolina North Project that is subject to this Agreement, which is set forth as Exhibit D attached hereto and incorporated herein by reference. Provided, however, that in the event of any conflict between the provisions of these Exhibits and the express provisions of this Agreement, the terms of the Agreement shall be controlling.
Development of the Property. Buyer agrees that in the event that either it or any of its successors or assigns sell any individual condominium units at any Property, all risk associated with the improvements situated upon such Property including, but not limited to, surveying, engineering, design, construction, supervision, inspection and testing (collectively the "Work") shall be borne, as between Sellers, on the one hand, and Buyer, on the other hand, exclusively by Buyer, regardless of whether the Work was originally performed by any Seller and/or any of its architects, engineers, design professionals, general contractors or subcontractors of any tier, material suppliers, product manufacturers and any of the foregoing parties' agents or servants or other third parties. With respect to all such Work and each Property, Buyer shall defend, protect, indemnify and hold harmless Sellers and their subsidiaries, affiliates, partners and constituent entities, and all their respective employees, shareholders, officers and directors, from and against any of the following: Any demands, claims (including, but not limited to, warranty claims), liens, pre-litigation procedures (statutory or otherwise), obligations (including, but not limited to, repair obligations), liabilities, losses, damages (whether general, special, consequential or otherwise, but specifically excluding lost profits), costs, expenses, including, but not limited to, actual expert consulting and witness fees and attorneys' fees and costs and court costs, awards, fines or judgments (collectively, "Losses") arising by reason of (a) death or bodily injury to persons or injury to real or personal property occurring following the Closing, and (b) design or construction deficiencies or defects, or other Losses resulting from any acts or omissions of any Seller or any of its architects, engineers, contractors, subcontractors of any tier or any other design professionals, material suppliers or product manufacturers or any of the foregoing parties' agents or servants or other third parties which arise in connection with such Property. Buyer's duty to defend is independent and separate from Buyer's duty to indemnify, and shall exist regardless of any ultimate obligation of Buyer hereunder to indemnify, and shall arise upon written request therefore being provided to Buyer by the applicable Seller following an alleged or actual claim which would otherwise be covered by this indemnity (which notice shall specify in detail the nature of su...
Development of the Property. As part of the development and construction of the office buildings to be constructed pursuant to the One Sublease and the Two Sublease, it will be necessary to provide certain easements for the benefit of different Parcels. Additionally, to facilitate traffic patterns and parking, Declarant desires to grant for the benefit of each of the Parcels ingress and egress easements and parking easements as more particularly described below. The easements granted pursuant to this Agreement shall not be merged as a result of Declarant owning all of the Parcels as of the date of this Agreement or at any time in the future.