Development Applications. Developer has submitted applications to the City for a portion of the Property comprised of several non-contiguous parcels legally described and shown on the sketches attached hereto and made a part hereof as Exhibit "B" ("Residential Parcels") and as Exhibit “C” (“Commercial Parcel”) requesting a large scale Future Land Use Map Amendment to change the land use on the parcels from Commercial Recreation (CR) to Low Residential (R-1) for the Residential Parcels, and to Commercial (C) for the Commercial Parcel; and, requesting the City to rezone the Residential Parcels from Recreational (S-1) to Single Family Residential (R-1), and the Commercial Parcel from Recreational (S-1) to Neighborhood Business (B-2), to allow up to 152 residential dwelling units consistent with the uses and densities permitted in the R-1 district, and 28,000 square feet for commercial space consistent with the uses and intensities permitted in the B-2 district, with the exception of gas stations, which shall be prohibited. Developer shall also submit site plan applications for the Residential Parcels and Commercial Parcel prior to issuance of any permits or commencement of construction. The Future Land Use Plan Amendment, Rezoning and Site Plan applications are collectively referred to herein as the “Applications”.
Development Applications. The Tenant, at the Tenant’s expense, may apply for and have approved any rezoning, subdivision and similar applications and approvals required in relation to any Tenant Amenity Development and any Expansion Facility (each, an “Application”, and collectively, the “Applications”), and the Landlord agrees that it shall, at the sole cost of the Tenant, use commercially reasonable efforts to facilitate any such Applications. If, in order to obtain approval of the Applications or to develop such Expansion Facility or Tenant Amenity Development: (i) new Permitted Encumbrances described in paragraphs (a) or (b) of Schedule “E”; (ii) portions of the Lands are required to be conveyed to a Governmental Authority for road widenings or intersections, then, in each case, the Landlord covenants to use commercially reasonable efforts to do so, without cost to the Landlord, and within a reasonable period of time following request. In addition, to the extent required by the Tenant in connection with the foregoing, the Landlord agrees to use commercially reasonable efforts to obtain postponements from its Mortgagees of the Mortgages to any such Permitted Encumbrances, and, where required, use commercially reasonable efforts to obtain partial discharges thereof, to the extent of such conveyances of land to Governmental Authorities. Notwithstanding the foregoing to the contrary, Landlord has the right to approve each Application, Permitted Encumbrance and Land conveyance, each as to form and substance, such approvals not to be unreasonably withheld.
Development Applications. For any application for development which is received by COUNTY for land within the CLERMONT ISBA, designated area on Exhibit A, or any application for development received by CLERMONT for land within CLERMONT limits and within five hundred feet (500’) of land that is located in the unincorporated area, CLERMONT or COUNTY, as the case may be, will immediately provide a copy of the development application to the other. CLERMONT and COUNTY shall work together to minimize any conflicts in regulations and to make the permitting process as efficient as can be.
Development Applications. Prior to the lodgement of the relevant development application, the applicant will decide whether to offer a planning agreement. The applicant should contact Council about how the benchmark rates (Appendix 1) apply to the subject development.
Development Applications. The Council will generally require a planning agreement to provide that the developer’s obligations in relation to securing the delivery of development contributions must be met prior to the issuing of any construction certificate related to the subject development application. Delivery of the development contribution may be prior to occupation certificate.
Development Applications. Except as expressly provided in this Agreement, any land use application made subsequent to the execution of this Agreement shall conform to the applicable provisions of Town’s Land Use Ordinance in effect when a complete application is submitted. The Parties agree that land use applications for the Project, or a portion thereof, shall include the following information in addition to any other information required by the Town’s Land Use Ordinance:
Development Applications. Each residential development application submitted by Developer and/or its assignees who have purchased portions of the Project shall, in addition to those items required by the City’s Land Development Code, or any other City Ordinance, include a statement of (a) the total number of Equivalent Residential Units allowed in the Project under this Agreement; (b) the cumulative total number of Equivalent Residential Units previously approved for all of the properties within the Project from the date of approval of this Agreement to the date of the application; (c) the number of Equivalent Residential Units and densities for which a permit is sought under the particular Village application; and (d) the balance of Equivalent Residential Units remaining allowable to the Project.
Development Applications. City shall promptly review and process Development Applications in accordance with this Agreement and Applicable Law.
Development Applications. Where City review, comment, or approval is required herein, an applicant shall simultaneously file a development application with the County and the City. Applicants are encouraged to coordinate with City Staff prior to filing their applications. The City may begin review of Future Land Use Map amendments outside of the City’s growth area prior to County receipt of an application.
Development Applications. 4.1 This clause applies if the Developer has:
4.1.1 paid the Provision to Council under clause 7 of the Agreement; or
4.1.2 lodged the Security with Council under clause 12 of the Agreement.
4.2 The Council and Purchaser agree that the Agreement is deemed to satisfy the requirement for an agreement under clause 271(2)(c) of the Regulation in relation to any Development Application made by the Purchaser in respect of the whole or part of the Site. The Sale Land ## SCHEDULE 2 [Drafting Note: Insert execution clauses of Parties]
1. The mediator will assist the parties to explore options for and, if possible, to achieve the expeditious resolution of their dispute (“the Dispute”) by agreement between them.
2. The mediator will not make decisions for a party or impose a solution on the parties.
3. The mediator will not, unless the parties agree in writing to the contrary, obtain from any independent person advice or an opinion as to any aspect of the Dispute and then only from such person or persons and upon such terms as are agreed by the parties.
