Common use of Project Development Plan Clause in Contracts

Project Development Plan. Notwithstanding the requirements for zoning and permit approvals as applicable, the Project Development Plan attached hereto as Exhibit "C" is hereby approved by the CITY. Any proposed modifications to the Project Development Plan, as approved hereby, shall be submitted to the Agreement Administrator in conjunction with the project manager for approval, who will notify Developer within fourteen (14) days of such submission whether the Developer submission is approved or must be must be placed before the CITY Commission for approval, which approval will not be unreasonably withheld. If the proposed modifications are denied or approved with conditions, the Developer, will have thirty (30) days to either: (a) give notice of a Termination Event in accordance with Article IX of this Agreement; or (b) include the conditions or changes in the Project Development Plan. If the Developer includes the changes, the revised modifications to the Project Development Plan will be resubmitted to the Agreement Administrator in conjunction with the project manager and if it is determined that changes conform with the conditions requested, the Agreement Administrator in conjunction with the project manager will approve such modifications If the Developer and Agreement Administrator in conjunction with the project manager cannot reach agreement then the Developer may appeal the Agreement Administrator’s determination to the CITY Commission or give notice of a Termination Event in accordance with Article IX of this Agreement. If the CITY Commission agrees with the Agreement Administrator the Developer may give notice of a Termination Event in accordance with Article IX of this Agreement. 6.4.1 Prior to the submission to the CITY of an application for the first building permit for demolition of the existing buildings or for the first engineering permit for construction or installation of the Infrastructure Improvements, the Developer, shall submit the final Plans and Specifications to the Agreement Administrator in conjunction with the project manager for a determination that the Plans and Specifications are consistent with the Project Development Plan in effect at the time of such submission. Such determination of consistency will not be unreasonably withheld. Any such requests shall be acted upon by the Agreement Administrator in conjunction with the project manager within fourteen (14) days of the submission of such request or the Plans and Specifications will be deemed to be consistent with the Project Development Plan by the CITY. If the Agreement Administrator in conjunction with the project manager determines that the Plans and Specifications are not consistent with the Project Development Plan, the Developer will have thirty (30) days to either: (a) appeal the decision to the CITY Commission, (b) give notice of a Termination Event in accordance with Article IX of this Agreement; or (c) modify the Plans and Specifications as required by the Agreement Administrator in conjunction with the project manager. If the Developer submit(s) modifications to the Plans and Specifications as required by the Agreement Administrator in conjunction with the project manager, the Agreement Administrator in conjunction with the project manager shall determine if such modifications are consistent with the Project Development Plan. If the Developer and Agreement Administrator in conjunction with the project manager cannot reach agreement, then the Developer may give notice of a Termination Event in accordance with Article IX of this Agreement.

Project Development Plan. Notwithstanding the requirements for zoning and permit approvals as applicable, the Project Development Plan attached hereto as Exhibit "C" is hereby approved by the CITY. Any proposed modifications to the Project Development Plan, as approved hereby, shall be submitted to the Agreement Administrator in conjunction with the project manager for approval, who will notify Developer within fourteen (14) days of such submission whether the Developer submission is approved or must be must be placed before the CITY Commission for approval, which approval will not be unreasonably withheld. If the proposed modifications are denied or approved with conditions, the Developer, will have thirty (30) days to either: (a) give notice of a Termination Event in accordance with Article IX of this Agreement; or (b) include the conditions or changes in the Project Development Plan. If the Developer includes the changes, the revised modifications to the Project Development Plan will be resubmitted to the Agreement Administrator in conjunction with the project manager and if it is determined that changes conform with the conditions requested, the Agreement Administrator in conjunction with the project manager will approve such modifications If the Developer and Agreement Administrator in conjunction with the project manager cannot reach agreement then the Developer may appeal the Agreement Administrator’s determination to the CITY Commission or give notice of a Termination Event in accordance with Article IX of this Agreement. If the CITY Commission agrees with the Agreement Administrator the Developer may give notice of a Termination Event in accordance with Article IX of this Agreement. 6.4.1 Prior to the submission to the CITY of an application for the first building permit for demolition of the existing buildings or for the first engineering permit for construction or installation of the Infrastructure Improvements, the Developer, shall submit the final Plans and Specifications to the Agreement Administrator in conjunction with the project manager for a determination that the Plans and Specifications are consistent with the Project Development Plan in effect at the time of such submission. Such determination of consistency will not be unreasonably withheld. Any such requests shall be acted upon by the Agreement Administrator in conjunction with the project manager within fourteen (14) days of the submission of such request or the Plans and Specifications will be deemed to be consistent with the Project Development Plan by the CITY. If the Agreement Administrator in conjunction with the project manager determines that the Plans and Specifications are not consistent with the Project Development Plan, the Developer will have thirty (30) days to either: (a) appeal the decision to the CITY Commission, (b) give notice of a Termination Event in accordance with Article IX of this Agreement; or (c) modify the Plans and Specifications as required by the Agreement Administrator in conjunction with the project manager. If the Developer submit(s) modifications to the Plans and Specifications as required by the Agreement Administrator in conjunction with the project manager, the Agreement Administrator in conjunction with the project manager shall determine if such modifications are consistent with the Project Development Plan. If the Developer and Agreement Administrator in conjunction with the project manager cannot reach agreement, then the Developer may give notice of a Termination Event in accordance with Article IX of this Agreement.