Development Approvals. The City of Arden Hills will review the proposed project as part of its normal development process.
Development Approvals. VTUSA‘s intended use of the Option Land is to create a XXX to be integrated into and with the railway station and parking garage to be developed by VTUSA on the adjoining parcels conveyed to VTUSA under the Conveyance Agreement ("VTUSA's Intended Use"). VTUSA confirms and acknowledges that as of the Effective Date, the City’s Zoning Code does not provide a XXX zoning category. Accordingly, without representation or warranty as to the likelihood of obtaining any required land use change, creation of a XXX (or similar) Zoning with Land Development Regulations, a rezoning of the Option Land to XXX (if a XXX zoning ordinance is adopted),a Development Agreement with the City (as applicable) and Site Plan Approval for the XXX, VTUSA shall have the right, during the term of this Agreement and at VTUSA's sole cost, expense and risk, to apply for, seek and obtain all land use and zoning approvals, permits, orders, development orders, site plans, and plats, and other approvals and authorizations, all as VTUSA deems necessary or desirable for VTUSA's Intended Use (all of the foregoing, after issuance and expiration of all applicable appeals periods, being referred to herein individually as an "Approval" and collectively as the "Approvals"). City agrees to assist VTUSA in VTUSA's efforts to obtain the Approvals as specified herein. In that regard, City agrees to execute within a reasonable period after written request from VTUSA an owner's authorization form (for application by a contract VTUSA) at the request of VTUSA in connection with all petitions, applications, consents and other instruments as VTUSA may request so as to permit VTUSA to apply for the Approvals prior to Closing. City shall have no obligation whatsoever, beyond execution of the aforesaid authorization, to assist VTUSA's efforts to obtain the Approvals. City covenants and agrees not to withdraw any authorization made to the applicable governmental authorities in connection with the foregoing unless requested in writing by VTUSA or in the event of a default hereunder by VTUSA or a termination of this Agreement. Notwithstanding City's agreement to cooperate with VTUSA's efforts to seek and obtain the Approvals, any delay or denial in VTUSA's receipt of the Approvals will not limit, affect or delay VTUSA's obligations under this Agreement. Furthermore, and notwithstanding anything to the contrary contained herein, VTUSA shall not be authorized to apply for any Approval(s), and City shall not provide au...
Development Approvals. Development Approvals" means the Final Site Plan and all site specific plans, maps, permits and other entitlements to use of every kind and nature contemplated by the Final Site Plan which are approved or granted by CITY in connection with development of the Property, including, but not limited to: site plans, tentative and final subdivision maps, vesting tentative maps, variances, conditional use permits and grading, building and other similar permits. To the extent any of such site specific plans, maps, permits and other entitlements to use are amended from time to time, "Development Approvals" shall include, if OWNER and CITY agree in writing, such matters as so amended. If this Development Agreement is required by law to be amended in order for "Development Approvals" to include any such amendments, "Development Approvals" shall not include such amendments unless and until this Development Agreement is so amended.
Development Approvals. Development Manager shall assist Owner, the General Contractor, the Project Architect and the Project Engineers with any governmental authorities having jurisdiction over the Project and shall process and obtain all governmental and third party approvals required in connection with the Project, including all approvals, permits, and authorizations necessary for development, construction, use or occupancy of the Project, the subdivision of the land, construction, use and occupancy of the Project, establishment of communities facilities districts, establishment of a property owner’s association and related documentation, and all necessary public improvement agreements, easements, dedications or other similar agreements required in connection with the Project (collectively, the “Development Approvals”).
Development Approvals. Provided that the Participant is not then in default of its obligations under any other Participant Agreement executed by the Participant (or by any successor corporation, subsidiary, or parent corporation) (the “Related Agreements”), the District agrees to issue a letter to the public entity having jurisdiction over the approval of proposed development within the Property, to be submitted prior to the first public hearing on such development, stating that the Participant has bound itself under this Agreement to fund a portion of the capacity required by the proposed development. Such letter shall remain on file with the public entity in connection with any continuation of the public hearing with respect to the development for which it was filed, subject to modification or withdrawal in the event the Participant subsequently defaults in its obligations to pay Capital Facility Fees hereunder for any Residential Units under any Related Agreements. Notwithstanding the foregoing, the parties agree and acknowledge that the payment of Capital Facility Fees represents mitigation of only a portion of the expected capital needs generated by new growth within the boundaries of the District, and that the ability of the District to deliver additional capital facilities on a timely basis is affected by other factors not exclusively within the control of the District, including but not limited to its ability to generate revenues from future bond issues, or to pass future bond elections. Accordingly, nothing shall prohibit the District from participating in the referral process relating to development on the Property of the Participant for the purpose of communicating to the approving Public Entity factual information regarding the impacts of the proposed development, including matters relating to the present and future capacity of school facilities to accommodate new student demand from the proposed development in light of the then-current financial capabilities of the District, the expected timing of construction of new facilities, or other constraints on the District’s ability to deliver required capacity on a timely basis. Additionally, nothing in this Agreement shall be construed to preclude the District from advocating or participating in any means by which the financing of capital facilities of the District may be advanced, or to otherwise constrain the exercise of its discretion to determine the manner in which educational services are to be delivered.
Development Approvals. Developer shall have the right to develop the Property with up to 1,358 multifamily residential units and 75,610 square feet of commercial land uses (including 3,450 square feet of existing commercial land use). Residential units may be multifamily apartments or residential condominiums and may include affordable and market rate housing. Commercial land uses may include office, professional office, medical office, retail, entertainment, restaurant uses, and other uses as authorized by the SMC but may not include storage facilities. Detailed development plans will be approved through the site development permit and other approval processes provided for in the SMC, as applicable. Any additional development on the Property beyond 1,358 multifamily residential units and 75,610 square feet of commercial land uses shall require an amendment to this Agreement as described in Section 33 (Amendment of Agreement) or shall be developed outside this Agreement and be consistent with the City’s then-applicable regulations. Additional commercial square footage and office uses may be approved as a minor amendment to this Agreement provided that the aggregate commercial and office uses within the CRA fall within the scope of the Planned Action Ordinance.
Development Approvals. “Development Approvals” means the following (to the extent applicable to the Developer Property only), land use approvals, plans, maps, permits and entitlements of every kind and nature, including, but not limited to, the 2022 Specific Plan (and any future Specific Plan amendments), General Plan or Zoning Code amendments, site plans, tentative and final subdivision maps, vesting tentative maps, variances, zoning designations, site plan and design review approvals, administrative permits, conditional use permits, sign program permits and approvals, review of building, signage or landscape plans, lot line adjustments, certificates of compliance, planning, construction noise variances, engineering or other approvals required pursuant to the Conditions of Approval, grading, building and other similar permits affecting the Developer Property and other more detailed planning or engineering approvals, CEQA Review and other environmental assessments, including without limitation environmental impact reports (including the 2022 SEIR), any addenda thereto, initial studies, negative declarations, and mitigated negative declarations, any amendments or modifications to those plans, maps, permits, assessments and entitlements and all conditions of approval legally required by City with respect to development of the Developer Property, as a condition to subdivision of the 157 Acre Site and/or implementation of the Project in accordance with this Agreement. The term Development Approvals includes both the Existing Development Approvals and Future Development Approvals, but does not include rules, regulations, policies, and other enactments of general application within the City.
Development Approvals. Developer will apply for all development approvals that are required by the State of Florida, Broward County, City and any other applicable governmental authority, including but not limited to those specific approvals more particularly set forth on Exhibit "N", attached hereto and made a part hereof. Developer and City agree that the failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve Developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions.
Development Approvals. No alterations shall be made to the Property prior to the submittal and approval in writing by Seller of Purchaser's site plans, architectural elevations and landscape plans. All such plans and elevations shall be submitted within 120 days of the Effective Date and shall provide Seller with the information Seller deems necessary in Seller's reasonable judgment to review such plans. Purchaser has the right to extend the submittal period for an additional sixty (60) days if necessary. All final landscape plans may be submitted after site development has started. All plan submittals shall follow the process outlined in Exhibit "C" attached. If Purchaser elects not to submit any or all of the required plans and elevations within the 120 day period, Seller has the right but not the obligation to provide Purchaser with written notice that this Agreement is null and void and retain Purchaser's Earnest Money as liquidated damages and neither party shall have any xxxxxxx obligation to the other.
Development Approvals. Buyer shall have the right to pursue the Initial Development Approvals (as defined in Subsection 1.14 and as set forth on Exhibit “D-1”) and Phase Development Approvals (as defined in Subsection 1.21 and as set forth on Exhibit “D-2”) (sometimes collectively referred to as the “Development Approvals”) at any time after the Effective Date, but in accordance with any specific application deadlines set forth on Exhibits “D-1” or “D- 2”. MVCRA and County shall cooperate reasonably with Buyer in connection with the Development Approvals at no cost to MVCRA and County. MVCRA and County agree to sign off on applications and other documents as may be required from time to time.
