Phasing of Development Clause Samples

Phasing of Development. Owner and Builder hereby agree that to minimize the financial risk to Owner, Builder shall develop the Project in phases, with a phase typically (but not limited to) approximately ten (10) to twenty (20) Homes (a "Phase" herein). Accordingly, Builder shall submit all budgets and schedules required pursuant to this Agreement on a Phase-By-Phase basis. Budgets and schedules shall set forth Builder's estimates of the proper allocation to particular phases of those items which impact more than one phase of the project.

Phasing of Development. Development of the Project is expected to occur over the course of ten (10) years. Landowners agree to complete, within five years of the date of this Agreement, to the satisfaction of the City, pursuant to the original conditions of approval, the following: 1. An engineered Grading and Drainage plan for both on-site and off-site improvements. The engineered grading and drainage plan shall be reviewed and approved by the City Engineer. (see Condition 9); and

Phasing of Development a. Developer proposes to develop the Property in phases depending upon market demand. The City agrees such phased development is appropriate under the applicable terms of this Agreement and the PUD Plan. b. In the event that during any period of three (3) years, commencing on the effective date of this Agreement and continuing thereafter throughout the term of this Agreement, Developer fails to submit at least one application for a for a Final Plat, then the City, in its sole discretion, may terminate this Agreement and the PUD Plan and may record a resolution with the Weld County Clerk and Recorder evidencing such termination. Upon such termination, this Agreement and the PUD Plan will be deemed to have expired and ceased to exist as they relate to all lands within the Property for which a Final Plat has not been approved (“Undeveloped Lands”). Despite such expiration and notwithstanding any provision of the City Code to the contrary, the zoning of Undeveloped Lands will remain the same as it existed under the PUD Plan, except no further permits or approvals, including but not limited to Final Plat or building permit approvals, will be granted by the City in connection with the Undeveloped Lands unless and until the City has approved a new or amended development plan for the Undeveloped Lands or a portion thereof. This Agreement and the PUD Plan will continue to exist and apply to all parts of the Property other than the Undeveloped Lands. c. After the expiration or termination of this Agreement, the zoning of all parts of the Property other than the Undeveloped Lands, will continue and remain in effect as provided in the PUD Plan unless and until rezoned by the Developer or the City as provided in the City Code.

Phasing of Development. The development of the Property in accordance with the Master Plan shall occur in phases as depicted on the Phasing Schedule attached hereto as Exhibit "E". A part of the first phase consisting of approximately 400 building lots in the southern end of the Property shall be physically connected to the existing Meadow Pointe community (the "Meadow Pointe Expansion Parcel"). Following the development of the Meadow Pointe Expansion Parcel and the balance of the first phase, the development shall proceed in additional phases, including a phase in the northern part of the Property that will be accessed from an entrance on State Road 54. Except ▇▇▇ ▇▇▇ ▇▇▇▇e or phases that are accessed from State Road 54, it is anticipated that the development of the Property will be physically connected to the existing Meadow Pointe community. Although the development constructed pursuant to the Phasing Schedule need not be contiguous, all development shall be served by the arterial, collector and other roads constructed in accordance with this Agreement and as shown on the Master Plan, and all utility lines and other infrastructure shall be sized to serve the entire development as shown on the Master Plan. With the Seller's prior consent, which consent shall not be unreasonably withheld or delayed, the Buyer shall have the right, from time to time, to modify the Phasing Schedule, provided such modification does not materially impair or reduce the value of the balance of the Property.

Phasing of Development. The Parties acknowledge that the most efficient and economic development of the Property depends upon numerous factors, such as market orientation and demand, interest rates, competition and similar factors, and that generally it will be most economically beneficial to the ultimate purchasers of the Property to have the rate of development determined by the Developer as stipulated in Exhibit C, Plan Sheet C9. 01. However, the Parties also acknowledge that because the Development will be phased or otherwise sequenced, certain amenities associated with the Project must be available to all phases of the Project, in order to address health, safety and welfare of the residents. 01. The improvements associated with the Project and shown on these Exhibits shall be constructed according to the following schedule: 1. Clearing and grading of the site in conformance with the construction sequencing set forth on plan sheet C9.01. 2. Construction of first-phase utilities and Gateway Blvd. (Tract 4). 3. Construction of Building #1 and Roads B and C (Parcel 1). 4. Construction of Buildings #2 and #3 and Road A (Parcels 2 and 3). Building 2 may precede Building #3. In such case Road A will be completed as part of Building 2. 5. Site Restoration, Mitigation and Landscaping (Tracts 1, 2 and 3).

Phasing of Development. The calculation of impervious cover, parkland requirements, lot averaging and similar requirements shall be determined and calculated on an entire project basis. Each plat filed with the City shall contain a chart indicating the amount associated with prior platted areas and the amount associated with the area subject to such plat. The chart shall also show the average lot size computation for the Land as a whole and resulting from the plat and prior platted areas.

Phasing of Development. Except as may be approved by the Zoning Board and as permitted by MLUL, the Project will be developed in a single phase. All utility connections shall be appropriately capped and secured. During all periods of construction, the Developer shall provide for appropriate site maintenance.

Phasing of Development. (a) The Subject Property may be developed in multiple phases. Any approved supplementary final phase plans must be approved pursuant to the City’s LDC. Prior to the issuance of foundation or building permits for any phase of the Project (and prior to any construction of any improvement, building, or structure commencing on the Property), the Owner shall submit for the review and approval of the City site plan or Preliminary Plat for the relevant phase. Each Tract of the Project will include infrastructure to support the proposed uses, including water and wastewater service, drainage, private roads, vehicular, and pedestrian access facilities. All infrastructure necessary to support each phase that is constructed on the Subject Property shall be constructed concurrently with, or prior to construction of that phase of the Project as approved by the City, prior to the issuance of building permits for that phase. Adequate emergency vehicle access and turnarounds shall be provided at all times. No clearing of land may occur until site plan approval is provided for that specific phase of development. (b) Roadways, sidewalks/bikeways and trails shall be constructed concurrently with development of adjacent properties to insure that contiguous walkable sidewalks are available at all times prior to the issuance of any building permits for that phase.

Phasing of Development. The Parties contemplate that the Binding Redevelopment Agreement will contain the following provisions: 1. The Development Project will be constructed in multiple phases based on market demand and will be undertaken so as to allow for coordination and relocation of existing retail tenants to new buildings on the Development Property prior to the demolition of the existing structures on the Development Property. 2. Phase I Retail luxury mixed-use development will occur prior to, or concurrent with, the construction of any other building in any other Subarea. 3. No building permit for vertical construction will be issued (though the Developer will be allowed to apply for permits) for any Subarea unless and until a building permit has first been issued for the construction of Phase I Retail.