Contemplated Zoning Sample Clauses

Contemplated Zoning. The PARTIES agree that the appropriate zoning for the PROPERTY is Form Based District 4 (F4)/One & Two Family District (R-3), and the CITY expects, through its staff, to recommend to City Council at the time of annexation that PROPERTY be zoned accordingly. The PARTIES acknowledge that zoning is a legislative act that cannot be guaranteed or agreed to by contract.
Sample 1
AutoNDA by SimpleDocs
Contemplated Zoning. Based on the PROJECT, the CONCEPTUAL PLAN, and the uses and development authorized by this AGREEMENT, the LANDOWNERS contend, and the CITY acknowledges, that the appropriate zoning for the PROPERTY is Planned Development District (PD), including (i) the regulations for Form Based District 4 (F4), modified as provided in this AGREEMENT for the COMMERCIAL TRACTS (including the portions currently in the corporate CITY limits) and the CONDOMINIUM TRACT, (ii) the regulations for One & Two Family Residential District (R-3), modified as provided in this AGREEMENT for single-family detached residential units and the regulations for Transitional Residential District (R-4) for single-family attached, condominium, and townhome residential units on the RESIDENTIAL TRACTS, and (iii) all of the other provisions of this AGREEMENT including other modifications to the CITY’s applicable use and development regulations set forth herein. The CITY shall consider Planned Development District (PD) zoning of the PROPERTY in accordance with this AGREEMENT concurrently with annexation of the PROPERTY as provided in Section 17 of this AGREEMENT. The PARTIES acknowledge that zoning is a legislative act that cannot be guaranteed or agreed to by contract; however, if the CITY does not zone the PROPERTY as provided in this Section 9, the LANDOWNERS and the PROPERTY will be and remain entitled to the rights and benefits provided for in this AGREEMENT which shall supersede and govern over any contrary CITY regulations and the LANDOWNERS shall have the rights and remedies set forth in Sections 17 and 33 of this AGREEMENT.
Sample 1

Related to Contemplated Zoning

  • Conduct of the Business Each of the Company and Parent covenants and agrees that:

  • Related Agreements Any agreement related to this Plan shall be in writing and shall provide that: (i) such agreement may be terminated at any time, without payment of any penalty, by a vote of a majority of the Independent Trustees or by a vote of the holders of a “majority” (as defined in the 0000 Xxx) of the Fund's outstanding Class C voting shares; (ii) such termination shall be on not more than sixty days’ written notice to any other party to the agreement; (iii) such agreement shall automatically terminate in the event of its “assignment” (as defined in the 1940 Act); (iv) such agreement shall go into effect when approved by a vote of the Board and its Independent Trustees cast in person at a meeting called for the purpose of voting on such agreement; and (v) such agreement shall, unless terminated as herein provided, continue in effect from year to year only so long as such continuance is specifically approved at least annually by a vote of the Board and its Independent Trustees cast in person at a meeting called for the purpose of voting on such continuance.

  • Transactions identified under Section 2 of this Agreement shall be deemed exception services ("Exception Services") when such transactions:

  • Bidding Documents The Construction Documents, the Invitation to Bid, the Instructions to Bidders, the Bid Form, and all Addenda, upon which the Bidder submits a Bid.

  • Content of Bidding Documents 8.1 The set of bidding documents comprises the documents listed in the table below and addenda issued in accordance with Clause 10. Invitation for Bids

  • Governmental Entity “Governmental Entity” shall mean any federal, state, local or foreign court, arbitral tribunal, administrative agency or commission or other governmental or regulatory authority or administrative agency.

  • ENCROACHMENT/ACQUISITION The Assignee/Bank has no notice or knowledge of any encroachment or that the Government or any other authority has any immediate intention of acquiring the whole or any part of the Property for roads or any other improvement schemes and if such encroachment shall be found to exist or if the Government or any local authority has any such intention, the same shall not annul the sale or shall any abatement or compensation be allowed in respect thereof.

  • Other transactions The transactions contemplated by the Sale and Servicing Agreement to be consummated on the Closing Date shall be consummated on such date.

  • SALE OF THE PROPERTY To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property.

  • Consents and Approvals; No Violations (a) Except as set forth in Schedule 4.2.3(a) of the Crescent Disclosure Schedule, neither the execution and delivery of this Agreement nor the performance by Crescent of its obligations hereunder will (i) conflict with or result in any breach of any provision of the certificate of incorporation or by-laws of Crescent or (ii) result in a violation or breach of, or constitute (with or without due notice or lapse of time or both) a default (or give rise to any right of termination, cancellation or acceleration or obligation to repurchase, repay, redeem or acquire or any similar right or obligation) under any of the terms, conditions or provisions of, any note, mortgage, letter of credit, other evidence of indebtedness, guarantee, license, lease or agreement or similar instrument or obligation to which Crescent or any of its Subsidiaries is a party or by which any of them or any of their assets may be bound or (iii) assuming that the filings, registrations, notifications, authorizations, consents and approvals referred to in subsection (b) below have been obtained or made, as the case may be, violate any order, injunction, decree, statute, rule or regulation of any Governmental Entity to which Crescent or any of its Subsidiaries is subject, excluding from the foregoing clauses (ii) and (iii) such requirements, defaults, breaches, rights or violations (A) that would not, in the aggregate, reasonably be expected to have a Material Adverse Effect and would not reasonably be expected to have a material adverse effect on the ability of Crescent to perform its obligations hereunder or (B) that become applicable as a result of the business or activities in which the Company or any of its affiliates is or proposes to be engaged or any acts or omissions by, or facts pertaining to, the Company. (b) Except as set forth in Schedule 4.2.3(b) of the Crescent Disclosure Schedule, no filing or registration with, notification to, or authorization, consent or approval of, any Governmental Entity is required in connection with the execution and delivery of this Agreement by Crescent or the performance by Crescent of its obligations hereunder, except (i) the filing of the Certificate of Merger in accordance with the DLLCA and the Articles of Merger in accordance with the MGCL and filings to maintain the good standing of the Surviving Entity; (ii) compliance with any applicable requirements of the Securities Act and the Exchange Act; (iii) compliance with any applicable requirements of state takeover laws; (iv) any Tax Returns that may be required in connection with the Merger and (v) such other consents, approvals, orders, authorizations, notifications, registrations, declarations and filings (A) the failure of which to be obtained or made would not, in the aggregate, reasonably be expected to have a Material Adverse Effect and would not have a material adverse effect on the ability of Crescent to perform its obligations hereunder or (B) that become applicable as a result of any acts or omissions by, or facts pertaining to, the Company. 4.2.4

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!