Common use of Site Plan Clause in Contracts

Site Plan. The Developer has previously provided a site plan and elevations to the CRA for the Project as referenced on Exhibit “D” attached hereto (the attached site plan and elevations are collectively, the “Site Plan”). The CRA hereby acknowledges and agrees that the Site Plan is acceptable to the CRA. The foregoing shall in no way constitute or be construed as the approval or issuance of a development order, it being expressly acknowledged and agreed by the Developer that the Site Plan will require separate submission, review, and approval pursuant to the requirements of the City’s Code. Except for a Permitted Change (as hereinafter defined), no changes, alterations or modifications shall be made to the Site Plan (either prior to or after approval by the City) without the prior written approval of the CRA, which approval shall not be unreasonably withheld, delayed or conditioned; provided, however such approval may be withheld in the CRA’s sole and absolute discretion if the requested change, alteration or modification consists of a Material Change. For purposes of this Agreement, a “Material Change” means and refers to a requested change, alteration or modification to that (i) in the aggregate with all other changes, alterations and modifications increases or decreases the square footage of the condominium building and/or the common areas by ten percent (10%) or more, (ii) changes the number of stories of a building, and/or (iii) deletes any Project amenities. Following approval of the Site Plan for the Project by the City staff pursuant to the City’s Code, except for Permitted Changes, the Developer shall not initiate or request review by City staff of any changes or alterations to the approved Site Plan for the Project without the prior written approval of the CRA, which approval shall not be unreasonably withheld, conditioned or delayed. In the event the approval process by the Governmental Authorities results in changes to the Site Plan that materially and adversely impacts the Developer’s development scheme, plan, marketability, profitability and/or financeability of the Project, then Developer shall have the right to terminate this Agreement by giving written notice to the CRA whereupon all obligations and liabilities of the parties hereunder shall terminate and the Developer shall pay the Inspection Costs.

Site Plan. The Developer has previously provided a site plan and elevations to the CRA for the Project as referenced on Exhibit “D” attached hereto (the attached site plan and elevations are collectively, the “Site Plan”). The CRA hereby acknowledges and agrees that the Site Plan is acceptable to the CRA. The foregoing shall in no way constitute or be construed as the approval or issuance of a development order, it being expressly acknowledged and agreed by the Developer that the Site Plan will require separate submission, review, and approval pursuant to the requirements of the City’s Code. Except for a Permitted Change (as hereinafter defined), no changes, alterations or modifications shall be made to the Site Plan (either prior to or after approval by the City) without the prior written approval of the CRA, which approval shall not be unreasonably withheld, delayed or conditioned; provided, however such approval may be withheld in the CRA’s sole and absolute discretion if the requested change, alteration or modification consists of a Material Change. For purposes of this Agreement, a “Material Change” means and refers to a requested change, alteration or modification to that (i) in the aggregate with all other changes, alterations and modifications increases or decreases the square footage of the condominium apartment building and/or the common areas by ten percent (10%) or more, (ii) changes the number of stories of a building, and/or (iii) deletes any Project amenities. Following approval of the Site Plan for the Project by the City staff pursuant to the City’s Code, except for Permitted Changes, the Developer shall not initiate or request review by City staff of any changes or alterations to the approved Site Plan for the Project without the prior written approval of the CRA, which approval shall not be unreasonably withheld, conditioned or delayed. In the event the approval process by the Governmental Authorities results in changes to the Site Plan that materially and adversely impacts the Developer’s development scheme, plan, marketability, profitability and/or financeability of the Project, then Developer shall have the right to terminate this Agreement by giving written notice to the CRA whereupon all obligations and liabilities of the parties hereunder shall terminate and the Developer shall pay the Inspection Costs.

Site Plan. The Developer has previously provided a site plan and elevations to the CRA for the Project as referenced on Exhibit “D” attached hereto (the attached site plan and elevations are collectively, the “Site Plan”). The CRA hereby acknowledges and agrees that the Site Plan Developer’s Pre- Development Plan, as shown on Exhibit B attached hereto and made a part hereof, is acceptable to the CRA. The foregoing shall in no way constitute or be construed as the approval or issuance of a development order, it being expressly acknowledged and agreed by the Developer that the “Site Plan Plan” will require separate submission, review, and approval pursuant to the requirements of the City's Code and requirements of any other Governmental Authorities. All landscaping shown on the proposed Site Plan shall be compliant with the City’s Codecode requirements. The entire proposed Site Plan, to be based upon the Pre-Development Site Plan attached as Exhibit C hereto, shall be approved by the City and all applicable Governmental Authorities in order for the Developer to proceed with development of the Project. Site plans of the respective Project Phases shall not satisfy this requirement of approval of the Site Plan for the entire Project. Except for a Permitted Change (as hereinafter defined), defined in Section 5.6 below) no changes, alterations or modifications shall be made to the Site Plan (either prior to or after approval by the CityDevelopment Approvals) without the prior written approval of the CRA, which approval shall not be unreasonably withheld, delayed or conditioned; provided, however such approval may be withheld in the CRA’s sole and absolute discretion if the requested change, alteration or modification consists of a Material Change. For purposes of this Agreement, a “"Material Change” " to the Site Plan means and refers to a requested change, alteration or modification to that (i) increases or decreases the total number of residential units by greater than five percent (5%), (ii) changes the composition of Units (number of bedrooms) by greater than ten percent (10%), decreases the amount of square footage in the Commercial Component by greater than five percent (5%), (iii) eliminates any improvement constituting the Civic and Community Component, or, in the aggregate with all other changes, alterations and modifications increases or decreases the square footage of the condominium open space, building and/or the size, landscaped area or any other common areas by ten five percent (105%) or more, (iiiv) changes decreases the number height of stories any building to below 20’ or increases the height of a buildingany building above 60’, and/or (iiiv) deletes any Project amenities, (vi) significantly modifies traffic circulation on the site as determined by the CRA Executive Director and/or (vii) significantly alters the Architectural Scheme from that previously approved by the CRA, as determined by the CRA Executive Director. The CRA Executive Director shall have the authority to approve all changes that are not classified as Material Changes. All Material Changes are subject to requirements of the City’s review process. Following approval of the Site Plan for the Project by the City staff pursuant to the City’s 's Code, except for Permitted Changes, the Developer shall not initiate or request review by the City staff of any changes or alterations to the approved Site Plan for the Project without the prior written approval of the CRA, which approval shall be granted in CRA’s sole discretion. The CRA shall expeditiously process all requestes for Material Changes. For the purposes of this Agreement, the relocation of the Hotel by the Developer from Project Phase 3 to either Project Phase 1 or Project Phase 2, shall be deemed to be a change subject to the CRA’s Executive Director’s approval hereunder, but shall not be unreasonably withhelddeemed to be a Material Change, conditioned or delayed. In the event the approval process by the Governmental Authorities results in changes to the Site Plan provided that materially and adversely impacts the Developer’s development scheme, plan, marketability, profitability and/or financeability a minimum of the Project, then Developer shall have the right to terminate this Agreement by giving written notice to the CRA whereupon all obligations and liabilities 35% of the parties hereunder shall terminate and the Developer shall pay the Inspection Costsany Margate Boulevard frontage is programmed for commercial use.

Site Plan. The Developer has previously provided a site plan and elevations to Within thirty (30) days after the CRA for the Project as referenced on Exhibit “D” attached hereto (the attached site plan and elevations are collectively, the “Site Plan”). The CRA hereby acknowledges and agrees that the Site Plan is acceptable to the CRA. The foregoing shall in no way constitute or be construed as the approval or issuance of a development order, it being expressly acknowledged and agreed by the Developer that the Site Plan will require separate submission, review, and approval pursuant to the requirements of the City’s Code. Except for a Permitted Change (as hereinafter defined), no changes, alterations or modifications shall be made to the Site Plan (either prior to or after approval by the City) without the prior written approval of the CRA, which approval shall not be unreasonably withheld, delayed or conditioned; provided, however such approval may be withheld in the CRA’s sole and absolute discretion if the requested change, alteration or modification consists of a Material Change. For purposes Effective Date of this Agreement, a “Material Change” means Buyer, at Buyer's sole cost and refers expense, shall deliver to a requested changeSeller an updated preliminary site layout plan (the "Updated Site Layout Plan") showing the proposed location ofthe new elementmy school, alteration or modification New Roads and utility easements on the Property, which Updated Site Layout Plan must be mutually approved by both Buyer and Seller. If Buyer and Seller cannot mutually agree as to that (ithe final form ofthe Updated Site Layout Plan within fifteen ( 15) in the aggregate with all other changes, alterations and modifications increases or decreases the square footage days ofthe last Party's receipt of the condominium building and/or proposed Updated Site Layout Plan, then either Party shall have the common areas right to terminate this Agreement at any time thereafter upon written notice to the other Pmiy and, in such event, Escrow Agent shall immediately release and return the entire Deposit to Buyer and this Agreement shall terminate and the Parties shall be released of all further obligations under this Agreement, except Buyer and Seller shall not be released of their respective Surviving Obligations, if any. If and when the Updated Site Layout Plan is mutually approved by ten percent (10%) Seller, then Seller shall have no further approval rights over the layout, location, design, construction, installation, alteration, renovation, repair, maintenance, improvement, reconstruction or more, (ii) changes the number of stories of a building, and/or (iii) deletes any Project amenities. Following approval removal of the Site Plan for proposed new elementmy school on the Project by Property; provided, however, until such time that the City staff pursuant initial construction of the New Roads and utilities on the Property is complete, any subsequent material changes to the City’s Code, except for Permitted Changes, location ofthe New Roads or utility easements on the Developer shall not initiate or request review Property must be pre­ approved in writing by City staff of any changes or alterations to the approved Site Plan for the Project without the prior written approval of the CRA, Seller (which approval shall not be unreasonably withheld, conditioned or delayed. In the event the approval process by the Governmental Authorities results in changes to the Site Plan that materially and adversely impacts the Developer’s development scheme, plan, marketability, profitability and/or financeability of the Project, then Developer shall have the right to terminate this Agreement by giving written notice to the CRA whereupon all obligations and liabilities of the parties hereunder shall terminate and the Developer shall pay the Inspection Costs.)

Site Plan. The Developer has previously provided a site plan and elevations to the CRA for the Project as referenced on Exhibit “DC” attached hereto (the attached site plan and elevations are collectively, the “Site Plan”). The CRA hereby acknowledges and agrees that the Site Plan is acceptable to the CRA. The foregoing shall in no way constitute or be construed as the approval or issuance of a development order, it being expressly acknowledged and agreed by the Developer that the Site Plan will require separate submission, review, and approval pursuant to the requirements of the City’s Code. Except for a Permitted Change (as hereinafter defined), no changes, alterations or modifications shall be made to the Site Plan (either prior to or after approval by the City) without the prior written approval of the CRA, which approval shall not be unreasonably withheld, delayed or conditioned; provided, however such approval may be withheld in the CRA’s sole and absolute discretion if the requested change, alteration or modification consists of a Material Change. For purposes of this Agreement, a “Material Change” means and refers to a requested change, alteration or modification to either of the Townhouse Component or the Mixed Use Component that (i) increases or decreases the number of Units, (ii) in the aggregate with all other changes, alterations and modifications increases or decreases the square footage of the condominium building and/or the common areas by ten percent (10%) or more, (iiiii) changes the number of stories of a building, and/or (iiiiv) deletes any Project amenitiesamenities such as plazas. Following approval of the Site Plan for the Project by the City staff pursuant to the City’s Code, except for Permitted Changes, the Developer shall not initiate or request review by City staff of any changes or alterations to the approved Site Plan for the Project without the prior written approval of the CRA, which approval shall not be unreasonably withheld, conditioned or delayed. In the event the approval process by the Governmental Authorities results in changes to the Site Plan that materially and adversely impacts the Developer’s development scheme, plan, marketability, profitability and/or financeability of the ProjectMixed Use Component, then Developer shall have the right to terminate this Agreement by giving written notice to the CRA whereupon all obligations and liabilities of the parties hereunder shall terminate and the bid bond of Twenty Thousand and 00/100 Dollars ($20,000.00) shall be returned by the CRA to the Developer and the Developer shall pay the Inspection Costs.

Site Plan. The Developer has previously provided a site plan and elevations to the CRA for the Project as referenced on Exhibit “DC” attached hereto (the attached site plan and elevations are collectively, the “Site Plan”). The CRA hereby acknowledges and agrees that the Site Plan is acceptable to the CRA. The foregoing shall in no way constitute or be construed as the approval or issuance of a development order, it being expressly acknowledged and agreed by the Developer that the Site Plan will require separate submission, review, and approval pursuant to the requirements of the City’s Code. Except for a Permitted Change (as hereinafter defined), no changes, alterations or modifications shall be made to the Site Plan (either prior to or after approval by the City) without the prior written approval of the CRA, which approval shall not be unreasonably withheld, delayed or conditioned; provided, however such approval may be withheld in the CRA’s sole and absolute discretion if the requested change, alteration or modification consists of a Material Change. For purposes of this Agreement, a “Material Change” means and refers to a requested change, alteration or modification to that (i) in the aggregate with all other changes, alterations and modifications increases or decreases the square footage of the condominium medical building and/or the common areas by ten percent (10%) or more, (ii) changes the number of stories of a building, and/or (iii) deletes any Project amenities. Following approval of the Site Plan for the Project by the City staff pursuant to the City’s Code, except for Permitted Changes, the Developer shall not initiate or request review by City staff of any changes or alterations to the approved Site Plan for the Project without the prior written approval of the CRA, which approval shall not be unreasonably withheld, conditioned or delayed. In the event the approval process by the Governmental Authorities results in changes to the Site Plan that materially and adversely impacts the Developer’s development scheme, plan, marketability, profitability and/or financeability of the Project, then Developer shall have the right to terminate this Agreement by giving written notice to the CRA whereupon all obligations and liabilities of the parties hereunder shall terminate and the Developer shall pay the Inspection Costs.