Common use of Proportionality, Priority and Proximity Requirement Clause in Contracts

Proportionality, Priority and Proximity Requirement. Because (i) the Project will be built over a long time period, and future portions of the Project may not, in fact, be developed after Developer completes a Development Phase, and (ii) Developer has requested and the City has agreed to allow Developer flexibility in the order and timing of the proposed development included in the Project, including allowing discretion in the amount of net new development included in a Development Phase, the City must approve each Development Phase Application to ensure that (A) the Community Improvements for each Development Phase are proportional to the cumulative amount of private development to occur in each Development Phase, (B) the Community Improvements are implemented in order of public policy priority as set forth in the Phasing Plan, (C) to the extent that the priority requirement in the preceding subsection is satisfied and additional discretion remains, that any additional Community Improvements are provided in geographic proximity to the proposed Development Phase, and (D) the timing and phasing of the Community Improvements are consistent with the operational needs and plans of the affected City Agencies, and are phased in such a way as to not interfere with the utility and transportation systems operated and maintained by the City, except for scheduled work agreed to by an affected City Agency in the course of the construction of the Project (the “Proportionality, Priority and Proximity Requirement”). With regard to those Public Improvements subject to a street improvement permit (including but not limited to any major or minor encroachment permit) that must be completed to obtain First Certificates of Occupancy for a building, the Proportionality, Priority and Proximity Requirement shall be deemed to be satisfied by virtue of the requirement that, pursuant to existing Municipal Code, all such improvements must be substantially complete prior to issuance of a First Certificate of Occupancy for each and every building within the Project. With regard to any proposed Community Improvements not associated with any individual building permit application, the City must review the proposed Development Phase Application to ensure that the Proportionality, Priority and Proximity Requirement is satisfied. Without limiting the foregoing, the Parties agree that any Community Improvement to be located within one thousand (1,000) feet of any new proposed building of over forty thousand (40,000) square feet in size shall be deemed to bear a reasonable geographic proximity to the parcels proposed for development in that Development Phase.

Proportionality, Priority and Proximity Requirement. Because (i) the Project will be built over a long time period, and future portions of the Project may not, in fact, be developed after once Developer completes a Development Phase, and (ii) Developer has requested and the City has agreed to allow Developer flexibility in the order and timing of the proposed development included in the Project, including allowing discretion in the what amount of net new development will be included in a Development Phase, the City must approve each Development Phase Application to ensure that (A) the Community Improvements for each Development Phase are proportional to the cumulative amount of private development to occur in each Development Phase, (B) the Community Improvements are implemented in order of public policy priority as set forth in the Phasing PlanPlan incorporated as Exhibit F to this Agreement, (C) to the extent that the priority requirement in the preceding subsection is satisfied and additional discretion remains, that any additional Community Improvements are provided in geographic proximity to the proposed Development Phase, and (D) the timing and phasing of the Community Improvements are consistent with the operational needs and plans of the affected City Agencies, and are phased in such a way as to not interfere with the utility and transportation systems operated and maintained by the City, except for scheduled work agreed to upon by an affected City Agency in the course of the construction of the Project (the “Proportionality, Priority and Proximity Requirement”). With regard to those Public Improvements subject to a street improvement permit (including but not limited to any major or minor encroachment permit) that must be completed to obtain First Certificates of Occupancy for a building, including but not limited to any major or minor encroachment permits, the Proportionality, Priority and Proximity Requirement shall be deemed to be is effectively satisfied by virtue of the requirement that, that pursuant to existing Municipal CodeCode requirements, all such improvements must be substantially complete prior to issuance of a First Certificate of Occupancy for each and every building within the Project. With regard to any proposed Community Improvements not associated with any individual building permit application, the City must review the proposed Development Phase Application to ensure that the Proportionality, Priority and Proximity Requirement is satisfied. Without limiting the foregoing, the Parties agree that any Community Improvement to be located within one thousand (1,000) feet of any new proposed building of over forty thousand (40,000) square feet in size shall be deemed to bear a reasonable geographic proximity to the parcels proposed for development in that Development Phase.

Proportionality, Priority and Proximity Requirement. Because Because (i) the Project will be built over a long time period, and future portions of the Project may not, in fact, be developed after Developer completes a Development Phase, and and (ii) Developer has requested and the City has agreed to allow Developer flexibility in the order and timing of the proposed development included in the Project, including allowing discretion in the amount of net new development included in a Development Phase, the City must approve each Development Phase Application to ensure that (A) the Community Improvements for each Development Phase are proportional to the cumulative amount of private development to occur in each Development Phase, (B) the Community Improvements are implemented in order of public policy priority as set forth in the Phasing Plan, (C) to the extent that the priority requirement in the preceding subsection is satisfied and additional discretion remains, that any additional additionala choice exists with regard to Community Improvements to be included in that Development Phase, that such Community Improvements are provided in inselected with reference to geographic proximity to the proposed Development Phase, and (D) the timing and phasing of the Community Improvements are consistent with the operational needs and plans of the affected City Agencies, and are phased in such a way as to not interfere with the utility and transportation systems operated and maintained by the City, except for scheduled work agreed to by an affected City Agency in the course of the construction of the Project (the “Proportionality, Priority and Proximity Requirement”). With regard to those Public Improvements subject to a street improvement permit (including but not limited to any major or minor encroachment permit) that must be completed to obtain First Certificates of Occupancy for a building, the Proportionality, Priority and Proximity Requirement shall be deemed to be satisfied by virtue of the requirement that, pursuant to existing Municipal Code, all such improvements must be substantially complete prior to issuance of a First Certificate of Occupancy for each and every building within the Project. With regard to any proposed Community Improvements not associated with any individual building permit application, the City must review the proposed Development Phase Application to ensure that the Proportionality, Priority and Proximity Requirement is satisfied. Without limiting the foregoing, the Parties agree that any Community Improvement to be located within one thousand (1,000) feet of any new proposed building of over forty thousand (40,000) square feet in size shall be deemed to bear a reasonable geographic proximity to the parcels proposed for development in that Development Phase. Nothing in the foregoing shall affect the Mitigation Measures, which must be completed as and when required based upon the trigger dates defined with respect to each applicable Mitigation Measure.