Development of the Property Sample Clauses

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. 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. 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 Municipal Zoning and Development Ordinance (MZDO) shall be paid by the Owner or Developer(s) 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. Notwithstanding any provision of this Agreement, City acknowledges that neither Owner nor Developer shall be obligated under any circumstance to undertake any Development of the Property, unless funds are obtained by Owner, its successors or assigns, through public financing, in which case Owner, its successors or assigns, as applicable, shall be obligated to complete the infrastructure to be finached through such public financing.

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. Development shall be substantially consistent with the approved Carolina North Design Guidelines, which are set forth as Exhibit LD attached hereto and incorporated herein by reference. Development shall be substantially consistent with the site plan for the portion of the Carolina North that is subject to this Agreement, which is set forth as Exhibit D E 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. 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. A. [Sec. 200]

Development of the Property. 1.1. The Developer agrees to use its best efforts on the Property to cause the construction and development of a single residential subdivision and the establishment of a minimum of twenty-two (20) residential lots following Chapter 166 of the Code of Ordinances for the City of Dyersville except as otherwise provided for herein, and as normally provided by the City of Dyersville, Iowa. 1.2. The Developer shall not commence construction or development of the Infrastructure or any construction, work, development, or activity associated with or required for the construction or installation of the Infrastructure (including but not limited to excavations in roads, sanitary sewer improvements, and water improvements), either within or external to the Project until written consent to commence is obtained from the City. 1.3. The Developer shall employ a state-certified Professional Engineer to design and supervise all work related to the Infrastructure Improvements under this Agreement. 1.4. The Developer agrees to construct the foregoing Infrastructure Improvements under the plans and specifications approved by the City, under the supervision of the Developer’s Engineer. The Developer’s Engineer must approve any changes in the plans and specifications, and a revised plan and specification must be submitted to the City for approval. The Engineer shall certify to the substantial compliance with said plans upon completion. Upon completion, the Developer’s Engineer shall provide a complete set of as-built drawings, which must be received prior to the final acceptance of this Project. 1.5. The Developer grants the City, its representatives, agents, and contractors free and uninterrupted access to any and all parts of the lands for the purpose of inspecting and taking samples of materials used in connection with the construction and installation of the Infrastructure. 1.6. If the Developer fails to comply with any of the terms and conditions of this Agreement as required herein, the City Administrator or Mayor may order (either verbally or in writing) the immediate stoppage of any and all work associated with the non-compliance and the removal of materials considered to be unsatisfactory in the City's opinion, and the Developer shall immediately comply with any such order.

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 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, 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 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.