Amendments to Development Agreement. This Development Agreement has been entered into in reliance upon the provisions of State of California statutes enabling the creation of Development Agreements, as those provisions existed at the Agreement Date. Except as may be otherwise stated in Section 3.4 above or elsewhere herein, no amendment or addition to Federal or State law and regulations that would materially adversely affect the interpretation or enforceability of this Development Agreement or would prevent or preclude compliance with one or more provisions of this Development Agreement shall be applicable to this Development Agreement, unless such amendment or addition is specifically required by the change in law, or is mandated by a court of competent jurisdiction. Except as may be otherwise stated in Section 3.4 above or elsewhere herein, in the event of the application of such a change in law, the Parties shall meet in good faith to determine the feasibility of any modification or suspension that may be necessary to comply with such new law or regulation and to determine the effect such modification or suspension would have on the purposes and intent of this Development Agreement and the Vested Elements. Following the meeting between the Parties, the provisions of this Development Agreement may, to the extent feasible, and upon mutual agreement of the Parties, be modified or suspended but only to the minimum extent necessary to comply with such new law or regulation. If such amendment or change is permissive (as opposed to mandatory), this Development Agreement shall not be affected by same unless the Parties mutually agree in writing to amend this Development Agreement to permit such applicability. Developer and/or City shall have the right to challenge any new law or regulation preventing compliance with the terms of this Agreement, and in the event such challenge is pending or successful, this Agreement shall remain unmodified and in full force and effect.
Amendments to Development Agreement. The Development Agreement is hereby amended in the following respects:
a. Section 2.3 of the Development Agreement is hereby amended in its entirety to read as follows:
Amendments to Development Agreement. This Agreement may be amended in a manner consistent with the Code of Ordinance of the City of Edgewood. Additionally, notwithstanding the foregoing to the contrary, the entitlements granted pursuant to this Agreement shall not run with the land or be binding upon a single family residential end user or homeowner of a detached dwelling (“Homeowner”). The right to amend this Agreement gets “severed” to a Homeowner, and stays with the Developer unless the Developer assigns all of its right, title, and interest in and to this Agreement, and notify the City of such assignment.
Amendments to Development Agreement. This Development Agreement and its exhibits may be amended by mutual agreement of the Parties only if the amendment is in writing and signed by an authorized representative of each Party. For amendments that modify the text of the Development Agreement, the County authorized representative will be the County Board. For amendments that modify the exhibits, the County authorized representatives will be the Public Works Director and Administrator. For amendments to the agreement or exhibits, Developer authorized representatives will be as designated by Article 9.4 of Development Agreement.
Amendments to Development Agreement. Amendments to or Cancellation or Suspension of Development Agreement ..................................................................................................................
Amendments to Development Agreement. The Parties covenant and agree with each other as follows:
(a) Section 2 of the Development Agreement is amended by adding the words at the end of the Section stating: “Schedule K – ESA Sketch Plan between Lot A and the eastern property line of Lot B”.
(b) Section 9 of the Development Agreement is amended by deleting the words “INTENTIONALLY DELETED” and by inserting the following paragraphs as Sections 9.1 – 9.4:
9.1 Despite Sections 66 and 67 of the Development Agreement, but subject to the terms of this Amending Agreement, the portion of Lot B referred to in the Development Agreement as the Phase 2 Site and the Phase 3 Site may be Subdivided into not more than two parcels (plus an air space subdivision plan within the Phase 3 Site to create a legal parcel for Hub Park). The Developer may only sell or transfer the Phase 2 Site or the Phase 3 Site, as the case may be, in a single or related series of transactions with the result that when the purchaser or transferee of the Phase 2 Site or the Phase 3 Site, becomes the owner, the purchaser or transferee will be the legal and beneficial owner of not less than the entirety of Phase 2 Site or the Phase 3 Site, as the case may be, including all rights and obligations associated with the Development of the Phase 2 Site and the Phase 3 Site.
9.2 Despite Section 9.1 and Section 18(c), the Subdivision of Lot B to create the Phase 2 Site and the Phase 3 Site, shall not be permitted unless and until, the Developer had provided the Security, which Security shall include the total costs, as of the date such work is undertaken, of the ESA Improvements works, plus 10% contingency, 5% inflation, plus all applicable taxes including GST, in an amount acceptable to the City, acting in its sole discretion, and an associated inspection and review fee, being 4% of the Security, for the ESA Improvements shown in the area of the Lands shown on Schedule K.
9.3 The Developer further covenants and agrees with the City that those portions of Lot B referred to in the Development Agreement as the Phase 4 Site and the Phase 5 Site shall not be Subdivided and shall remain as one parcel, being the Remainder of Lot B until such time as the parties further amend the Development Agreement.
9.4 The Developer further covenants and agrees with the City that the Developer shall provide in any disclosure statement, issued in accordance with the Real Estate Development Marketing Act SBC 2004, Ch 41, that no building, including any Dwelling Unit i...
Amendments to Development Agreement. 4.01 The Province and WMSC agree that the Development Agreement is hereby amended as follows:
(a) by deleting subsection 12.01 and substituting therefore the following:
(i) if, without the consent of the Province:
(I) more than 50% of the issued and outstanding voting shares in the capital of Whistler cease to be owned directly or indirectly by either Marin Investments Limited (“Marin”) or Bartrac Holdings Ltd. (“Bartrac”) individually or both of them together; or
(II) 100% of the issued and outstanding voting shares in the capital of Marin cease to be beneficially owned by one or of by a group comprising all or some of Xxxx Xxxxxxxx Xxxxx, her spouse, children, grandchildren or other heirs and their respective spouses or former spouses; or
(III) 100% of the issued and outstanding voting shares in the capital of Bartrac cease to be beneficially owned by one of or by a group comprising all or some of Xxxxxx X. Xxxxxx, her spouse, children, grandchildren or other heirs and their respective spouses or former spouses;”
(b) by deleting subsection 12.01(j) and substituting therefore the following:
Amendments to Development Agreement. The Owner and RB acknowledge and agree that the Development Agreement is amended as follows:
(a) section 1.1(x) is deleted in its entirety and replaced with the following:
Amendments to Development Agreement. The Development Agreement shall be amended as follows:
A. The Development Agreement shall be amended to provide that the Developer may construct the public improvements applicable to Lots 37-39, 101-107 and 109-116 within the Plat of Windsor Gardens, Village of Windsor, Dane County, Wisconsin, to be known and referred to as “Phase 4.”
B. The Development Agreement shall be amended to provide that the Village acknowledges that Developer has satisfied all Village requirements with respect to park land dedication, fees in lieu of park land dedication, if any, and park improvement fees with respect to Phase 4, and all provisions of the Original Agreement relating thereto shall be deemed amended to remove any requirements for further park land dedication, fees in lieu payments or park improvement fee payments by the Developer or lot owners/builders with respect to Phase 4, including deletion of any requirements for escrowing of any such fees.
C. The Development Agreement shall be amended to provide that the development of Phase 4 will commence on or before August 1, 2019 and be completed by December 31, 2019, except for the finish layer of asphalt which will be installed after the completion of all other work at a time when directed by the Village Engineer (weather permitting) to avoid damage to the finish layer of asphalt, but not later than the time when construction of houses on all of the lots in Phase 4 is substantially completed.
D. The Development Agreement shall be amended to provide that the Village Engineer has no objection to the preliminary construction plans for Phase 4 presented by the Developer’s Engineer, Xxxxxx Xxxxxxxxxxx at MSA Professional Services, Inc., which plans are dated and marked as May 10, 2019. Phase 4 shall be developed in accordance with said construction plans and Developer’s Engineer shall provide certification of such completion prior to issuance of building permits for the Phase 4 lots.
Amendments to Development Agreement. The Development Agreement is hereby amended in the following respects:
2.1. Exhibit C to the Development Agreement, which contained the Site Plan for the Project, is hereby deleted and replaced with the revised Exhibit C attached hereto. All references in the Development Agreement to the Site Plan shall be deemed to refer to the Site Plan as amended hereby.
2.2. Section 2.6 of the Development Agreement is hereby amended in its entirety to read as follows:
