Common use of Agency Review - Approval Standard Clause in Contracts

Agency Review - Approval Standard. All Sub-Phase Applications shall be reviewed and considered by the Agency Director, and shall be Approved if and to the extent the Sub-Phase Application (i) conforms to and is consistent with the Redevelopment Requirements and, if applicable, the Land Acquisition Agreements and the Xxxxx Xxxxxxxx DDA and (ii) as to matters or details that are beyond the scope of the foregoing, is reasonably acceptable to the Agency Director. Without limiting any Approvals required (or the standards for such Approvals) under the Interagency Cooperation Agreement, the Planning Cooperation Agreement or under (i) the area of a Sub-Phase; (ii) the timing or substance of the Associated Public Benefits as shown in the Phasing Plan or other public benefits described in the Below-Market Rate Housing Plans or the Community Benefits Plan; (iii) the timing the Completion of the Agency Affordable Lots or the Xxxxx Xxxxxxxx Replacement Lots; and (iv) the Infrastructure to be Completed within the Sub-Phase. Additionally, any requested variance approval must be made by the Agency Commission as required by the applicable Redevelopment Plan. If a Sub-Phase Application is disapproved by the Agency Director, then the Agency Director shall send a notice to Developer stating the basis for the disapproval. Following any disapproval of a Sub-Phase Application, Developer may within ninety (90) days following receipt by Developer of such summary (subject to such extensions as may be Approved by the Agency Director) make changes to and resubmit the Sub-Phase Application. Promptly following the Agency Director’s receipt of a revised Complete Sub-Phase Application, the Agency Director shall review and consider the Sub-Phase Application in accordance with the procedure set forth in this Section V.B.4. The Schedule of Performance shall be automatically extended, if necessary, to allow for the foregoing procedure; provided, however, that the Schedule of Performance shall not be so extended for more than one revised Complete Sub-Phase Application for each Sub-Phase without the Approval of the Agency Director.

Appears in 4 contracts

Samples: Disposition and Development Agreement, Disposition and Development Agreement, Disposition and Development Agreement

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