Development Approvals. The City of Arden Hills will review the proposed project as part of its normal development process.
Development Approvals. Attached hereto as Exhibit A is a time schedule for applying for and obtaining Development Approvals and Construction Permits (both as hereinafter defined), which schedule may be modified from time to time by agreement of Woodbridge and CareMatrix (the "Schedule"). CareMatrix shall, as Owner's agent, and in accordance with the Schedule, apply for and diligently pursue all required federal, state and local approvals and permits needed for the Project, including, but not limited to approvals and permits required under relevant laws relating to zoning, wetlands, parking and curb cuts, highway and traffic, historic districts, sewer and water or environmental matters (the "Development Approvals"), but, excluding permits required to commence construction on the Property; e.g., building permits, foundation permits, grading permits, clearing permits or other similar construction related permits (the "Construction Permits"). Woodbridge shall cooperate with CareMatrix and assist CareMatrix in its efforts to obtain the Development Approvals and shall sign all necessary applications in connection therewith. CareMatrix shall use reasonable efforts to obtain the Development Approvals in accordance with the Schedule. If a Development Approval is denied, CareMatrix shall not be obligated to appeal such denial; and if a Development Approval is granted, but a Third party appeals such approval, CareMatrix shall not be obligated to defend such appeal. If CareMatrix elects not to appeal a denial or to defend an appeal, as the case may be, as to any Development Approval other than a necessary zone change, and Woodbridge elects to take such action on its own behalf, the amount otherwise payable to CareMatrix pursuant to Paragraph 7 shall be reduced by an amount equal to fifty percent (50%) of the actual out-of-pocket costs incurred by Woodbridge in pursuing or defending such appeal. If Woodbridge elects to pursue or defend any appeal relating to a zone change, such appeal shall be at Woodbridge's sole expense. CareMatrix shall not be liable for delay in obtaining or denial of Development Approvals unless caused by the negligence, willful act or omission of CareMatrix. Woodbridge acknowledges that any claim of negligence, willful act or omission of CareMatrix in obtaining the Development Approvals shall constitute a claim for breach of contract by CareMatrix subject to the default remedies set forth in Paragraph 15 and not a claim of negligence under tort law. Subject to the limi...
Development Approvals. Development Approvals" means the Final Site Plan and all site specific plans, maps, permits and other entitlements to use of every kind and nature contemplated by the Final Site Plan which are approved or granted by CITY in connection with development of the Property, including, but not limited to: site plans, tentative and final subdivision maps, vesting tentative maps, variances, conditional use permits and grading, building and other similar permits. To the extent any of such site specific plans, maps, permits and other entitlements to use are amended from time to time, "Development Approvals" shall include, if OWNER and CITY agree in writing, such matters as so amended. If this Development Agreement is required by law to be amended in order for "Development Approvals" to include any such amendments, "Development Approvals" shall not include such amendments unless and until this Development Agreement is so amended.
Development Approvals. Development Manager shall assist Owner, the General Contractor, the Project Architect and the Project Engineers with any governmental authorities having jurisdiction over the Project and shall process and obtain all governmental and third party approvals required in connection with the Project, including all approvals, permits, and authorizations necessary for development, construction, use or occupancy of the Project, the subdivision of the land, construction, use and occupancy of the Project, establishment of communities facilities districts, establishment of a property owner’s association and related documentation, and all necessary public improvement agreements, easements, dedications or other similar agreements required in connection with the Project (collectively, the “Development Approvals”).
Development Approvals. “Development Approvals” means the land use entitlements approved by the City for the development of site improvements and buildings on the Site which define the permitted uses of the property, the density or intensity of use, and the maximum height and size of proposed buildings.
Development Approvals. In addition to any other remedies set forth herein, if the Owner fails to make any payments to the City required in this Agreement, the City may withhold development approvals for the Development until such payment has been made.
Development Approvals. Developer shall have the right to develop the Property with up to 1,358 multifamily residential units and 75,610 square feet of commercial land uses (including 3,450 square feet of existing commercial land use). Residential units may be multifamily apartments or residential condominiums and may include affordable and market rate housing. Commercial land uses may include office, professional office, medical office, retail, entertainment, restaurant uses, and other uses as authorized by the SMC but may not include storage facilities. Detailed development plans will be approved through the site development permit and other approval processes provided for in the SMC, as applicable. Any additional development on the Property beyond 1,358 multifamily residential units and 75,610 square feet of commercial land uses shall require an amendment to this Agreement as described in Section 33 (Amendment of Agreement) or shall be developed outside this Agreement and be consistent with the City’s then-applicable regulations. Additional commercial square footage and office uses may be approved as a minor amendment to this Agreement provided that the aggregate commercial and office uses fall within the scope of the Planned Action Ordinance.
Development Approvals. Developer will apply for all development approvals that are required by the State of Florida, Broward County, City and any other applicable governmental authority, including but not limited to those specific approvals more particularly set forth on Exhibit "N", attached hereto and made a part hereof. Developer and City agree that the failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve Developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions.
Development Approvals. Provided that the Participant is not then in default of its obligations under any other Participant Agreement executed by the Participant (or by any successor corporation, subsidiary, or parent corporation) (the “Related Agreements”), the District agrees to issue a letter to the public entity having jurisdiction over the approval of proposed development within the Property, to be submitted prior to the first public hearing on such development, stating that the Participant has bound itself under this Agreement to fund a portion of the capacity required by the proposed development. Such letter shall remain on file with the public entity in connection with any continuation of the public hearing with respect to the development for which it was filed, subject to modification or withdrawal in the event the Participant subsequently defaults in its obligations to pay Capital Facility Fees hereunder for any Residential Units under any Related Agreements. Notwithstanding the foregoing, the parties agree and acknowledge that the payment of Capital Facility Fees represents mitigation of only a portion of the expected capital needs generated by new growth within the boundaries of the District, and that the ability of the District to deliver additional capital facilities on a timely basis is affected by other factors not exclusively within the control of the District, including but not limited to its ability to generate revenues from future bond issues, or to pass future bond elections. Accordingly, nothing shall prohibit the District from participating in the referral process relating to development on the Property of the Participant for the purpose of communicating to the approving Public Entity factual information regarding the impacts of the proposed development, including matters relating to the present and future capacity of school facilities to accommodate new student demand from the proposed development in light of the then-current financial capabilities of the District, the expected timing of construction of new facilities, or other constraints on the District’s ability to deliver required capacity on a timely basis. Additionally, nothing in this Agreement shall be construed to preclude the District from advocating or participating in any means by which the financing of capital facilities of the District may be advanced, or to otherwise constrain the exercise of its discretion to determine the manner in which educational services are to be delivered.
Development Approvals. “Development Approvals” means the following (to the extent applicable to the Developer Property only), land use approvals, plans, maps, permits and entitlements of every kind and nature, including, but not limited to, the 2022 Specific Plan (and any future Specific Plan amendments), General Plan or Zoning Code amendments, site plans, tentative and final subdivision maps, vesting tentative maps, variances, zoning designations, site plan and design review approvals, administrative permits, conditional use permits, sign program permits and approvals, review of building, signage or landscape plans, lot line adjustments, certificates of compliance, planning, construction noise variances, engineering or other approvals required pursuant to the Conditions of Approval, grading, building and other similar permits affecting the Developer Property and other more detailed planning or engineering approvals, CEQA Review and other environmental assessments, including without limitation environmental impact reports (including the 2022 SEIR), any addenda thereto, initial studies, negative declarations, and mitigated negative declarations, any amendments or modifications to those plans, maps, permits, assessments and entitlements and all conditions of approval legally required by City with respect to development of the Developer Property, as a condition to subdivision of the 157 Acre Site and/or implementation of the Project in accordance with this Agreement. The term Development Approvals includes both the Existing Development Approvals and Future Development Approvals, but does not include rules, regulations, policies, and other enactments of general application within the City.
