DDA. “DDA” has the meaning given to such term in the Recitals.
DDA. Unless otherwise agreed by the City of Sydney, the Developer shall comply with AS1428 Part 2 and AS1428 Part 4.2 which is in currently in Draft form.
DDA. This Financing Plan is a part of the DDA and is subject to all of its general terms, including the rules of interpretation.
DDA. A Disposition and Development Agreement shall be drafted, reviewed and approved by both the Boys and Girls Club the Agency. No later than 45 days after the expiration of the Exclusive Negotiating Agreement.
DDA. If negotiations under this Agreement are successful, Developer will execute and submit to County a DDA that is mutually satisfactory to Developer and the Director for the development of the Site for consideration by the County Board of Supervisors. [§ 203] Developer’s Budget, Findings, Determinations, Studies, and Reports Developer will provide County with copies of all reports, studies, analyses, and similar documents prepared or commissioned with respect to the Development promptly upon their completion (“Materials”). The Materials do not include Developer’s construction and development cost estimates or other financial analysis (except the Budget to be attached as Exhibit D and financial proformas, all of which are Materials to be provided by Developer to County), internal communications, or legal materials (the “Proprietary Information”). Should negotiations not result in an executed DDA between County and Developer, in addition to all documents previously submitted to County by Developer under this Section 203, Developer shall submit to County copies of all information, Materials, except for the Excluded Materials. “Excluded Materials” are the architectural plans, designs and drawings, any financial proformas (excluding the Budget attached as Exhibit D), and development cost estimates. Subject to the rights of the parties preparing such Materials, County may use the Materials (excepting the Excluded Materials) provided by Developer in any way for any purpose. Materials shall include any due diligence materials prepared by or for any prospective development partner, joint venture, or management entity. The Materials shall be provided by Developer to the County without representation or warranty. Anything to the contrary in this Section 203 notwithstanding, in the event this Agreement is terminated for County default under this Agreement, (a) County shall promptly return all Materials provided by Developer under this Section 203 (including the Excluded Materials) and shall not be entitled to use them, and (b) Developer shall not be obligated to provide any additional documentation pursuant Section 203(1) above. If this Agreement is terminated for any reason, the County shall promptly return the Excluded Materials and shall not be entitled to use them. All costs incurred by Developer in the preparation and presentation of Materials and Proprietary Information shall be at the sole cost and expense of Developer. Developer acknowledges County will need suff...
DDA. DDA Approval (as hereinafter defined) shall be a condition precedent to Seller’s obligation to sell, and Buyer’s obligation to buy the Property. As used in this Agreement, “DDA Approval” means that (i) the Disposition and Development Agreement for the Property between Seller and Buyer for the Property (“DDA”), attached as Exhibit “H”, including Buyer’s Master Site Plan incorporated as an exhibit thereto (the “Master Site Plan”), has been approved by Seller in accordance with Government Code Section 65865 et seq. and adopted as an Ordinance of the City of Anaheim in accordance with all laws and required procedures, (ii) Buyer and Seller have mutually executed the DDA and have deposited four (4) duly executed counterparts of the DDA with Escrow Holder for delivery to the other party at Closing, (iii) all time periods for judicial challenges to Seller’s approval (or re-approval, if applicable) of the DDA (including, but not limited to, any period for challenge under the California Environmental Quality Act (“CEQA”)) have passed without any judicial challenge having been timely filed, or if timely filed, the same has been resolved by (a) plaintiff’s/petitioner’s dismissal of such litigation with prejudice, or (b) a final non-appealable judgment that is not subject to further judicial review upholding the Seller’s approval of the DDA without modification of the DDA, and (iv) all time periods for any petition for a referendum pertaining to the DDA to have been filed with the City have passed without any petition having been timely filed with the City, or if timely filed with the City, the referendum has failed to pass. In the event that Seller’s approval of the DDA is set aside by a final non- appealable judgment that is not subject to further judicial review, Seller and Buyer shall cooperate and use good faith efforts to promptly correct the error(s) identified in the final non-appealable judgment, to enable Seller’s re-approval of the DDA within three (3) months of such final judgment.
DDA. Subject to its rights, discretion, authorities or obligations, acting in its governmental and regulatory capacity, Seller, on the one hand, and Buyer, on the other hand, shall use good faith efforts to negotiate a mutually acceptable Disposition and Development Agreement in accordance with Government Code Section 65865 et seq. (“DDA”) for the Property. The DDA is anticipated to (a) provide Buyer those vested rights as allowed by law, with a term to be mutually agreed by the parties, (b) ascertain Buyer’s intent with respect to a new or modernized Stadium, (c) provide certain community benefits to be negotiated by Buyer and Seller (in its proprietary capacity), which benefits to the public are not otherwise required pursuant to the Platinum Triangle Plan (as defined in Section 4.6), applicable local, regional, state and federal law, including CEQA, and governmental approvals as conditions to development, (d) address the Parking Obligations, and (e) contain such other terms and conditions upon which the parties agree. As conditions precedent to Seller’s obligation to sell, and Buyer’s obligation to buy, the Property, not later than the Inspection Deadline, DDA Approval shall have occurred. As used in this Agreement, “DDA Approval” shall be deemed to occur when (i) the DDA has been approved by Seller and has been adopted as an Ordinance of the City of Anaheim in accordance with all laws and required procedures, (ii) Buyer and Seller have mutually executed the DDA and have deposited four (4) duly executed counterparts of the DDA with Escrow Holder for delivery to the other party at Closing, (iii) all time periods for judicial challenges to Seller’s DDA Approval (including, but not limited to, any period for challenge under the California Environmental Quality Act (“CEQA”)) have passed without any judicial challenge having been timely filed, or if timely filed, the same has been resolved by (a) plaintiff’s/petitioner’s dismissal of such litigation with prejudice, or (b) a final non-appealable judgment that is not subject to further judicial review upholding the Seller’s DDA Approval without modification of the DDA, and (iv) all time periods for any petition for an initiative or referendum pertaining to the DDA to have been filed with the City have passed without any petition having been timely filed with the City, or if timely filed with the City, the initiative and/or referendum has failed to pass.
DDA. Tenant has reviewed the DDA, including the Land Use Plan, the Transportation Plan, the Infrastructure Plan and the Schedule of Performance. Tenant is aware of the potential impacts on the Premises of the proposed development under the DDA. Tenant understands and agrees that Landlord and Master Developer may amend the DDA and related transaction documents, each in their discretion, and that no such amendment shall require the approval of Tenant. Upon request, Landlord agrees to keep Tenant informed as to material matters relating to the development of the Project Site under the DDA.
DDA. A Disposition and Development Agreement shall be drafted, reviewed and approved by both the YMCA and the Agency. No later than one hundred eighty (180) days plus agreed extension days after the expiration of the Exclusive Negotiating Agreement.
DDA. Upon finalization of the Project Description and during the process of environmental review, the Agency and the Museum will continue to meet and negotiate diligently and in good faith, concerning the possible terms of a DDA which will be necessary in order to implement the initial phases of the Project Plan. Agency staff will prepare an initial draft of a DDA. Upon the completion of negotiations over the
