Development Limitations. Approval to initiate mass site grading is only valid for the work covered by this Agreement and within the construction limits identified in the Site Grading, Drainage, and Erosion Control Plans dated February 24, 2021, attached hereto as Exhibit C (the “Grading Plans”). The City may refuse to approve New Final Plat of the current phase, or of subsequent phases, if the Developer has breached any of its obligations under this Agreement and the breach has not been remedied to the reasonable satisfaction of the City. Absolutely no further infrastructure construction, including installation of utilities or streets, shall take place unless and until New Final Plat approval is granted by the City and all conditions of Preliminary Plat and New Final Plat approval satisfied, including but not limited to the execution, delivery and recording of the Development Agreement and Stormwater BMP Maintenance Agreement, recording of the Utility Abandonment Agreement, submission of all required sureties, final approval of all infrastructure construction plans by the Public Works Department.
Development Limitations. Many development limitations have been established on the Preliminary Plan, and when the same can be clearly ascertained therefrom (such as setbacks, building heights and buffer requirements) the same limitations are not repeated herein in this Article II. If a limitation or restriction contained herein conflicts with that shown on the Preliminary Plan, the more restrictive shall apply.
Development Limitations. The permissible uses on the Subject Properties are those permitted in the County Code. The Project shall be developed as a planned unit development (“PUD”) pursuant to Section 1-19-321 of the County Code. The Project will contain a mix of housing types and commercial/retail uses. The development requirements of the Project, such as setbacks, lot area, building height, green area, lighting, and parking, will be subject to the provisions and limitations set forth in Section 1-19-321 of the County Code and other applicable provisions of Chapter 19 (Zoning) of the County Code. The Subject Properties shall be developed in accordance with a Revised PUD Phase II Plan for the Project approved by the Planning Commission on January 14, 2004, and signed on October 26, 2007 (the "Revised Phase II Plan"), except as modified by this Agreement. Developer shall submit a 2008 DRRA Revised Phase II Plan to conform to this Agreement, in accordance with Section 5.3 below, to be reviewed and approved by the Planning Commission.
Development Limitations. The permissible uses on the Property for the All Age PUD are those permitted in the County Code in effect as of the date of this DRRA. The Property shall be developed in accordance with, and subject to the conditions and requirements of amended Development Approvals that are required pursuant to County Code, which Development Approvals shall be based upon the terms and conditions of this Agreement. Total density of residential development on the Property shall not exceed, collectively, 855 dwelling units. A maximum of 445 single-family (attached and detached units) and 210 multi-family or condominium units may be constructed within the areas identified as Land Bays A, B, C, E, F, and G on the Phase 1 Concept Plan. In accordance with the terms of the Phase I approval for the All Age PUD, the area identified as Land Bay D on the Phase 1 Concept Plan may be developed, at Owner’s discretion, either as a 200-unit Continuing Care Retirement Community (“CCRC”) or as a maximum of 200 age-restricted dwelling units. The mix of unit types within the All Age PUD shall be at Owner’s discretion, subject to County approval and meeting all other County requirements, including, but not limited to, those set forth in the Adequate Public Facilities Ordinance.” The remaining language of Section 3.3B (Development Limitations) remains unmodified and in full force and effect.
Development Limitations. The permissible uses on the Site shall be limited to single-family detached housing units and uses accessory thereto under Section 107 of the Zoning Regulations. The development requirements of the Project, such as setbacks, lot area, building height, open space, lighting, and parking, will be subject to the provisions and limitations as set forth in the Zoning Regulations and other applicable provisions of the County Code.
Development Limitations. The permissible uses on the Subject Properties are those permitted in the County Code. The Project shall be developed as a planned unit development (PUD) pursuant to the County Code.1 The Project will contain a mix of housing types and commercial/retail uses. The development requirements of the Project, such as setbacks, lot area, building height, green area, lighting, and parking, will be subject to the provisions and limitations set forth in the County Code and other applicable provisions of Chapter 19 (Zoning) of the County Code. The Subject Properties shall be developed in accordance with a PUD Phase II Plan that will be substantially similar to the Phase I Concept Plan and, to the extent applicable, the Revised Phase II Plan, and other Development Approvals that are required pursuant to the County Code, which Development Approvals shall be based 1 The County Code was amended in 2010 such that the PUD provisions were repealed and a new section, Planned Development Residential (“PDR”) was established. The County Code was further amended in 2011 to restore the PUD replacing all references to “PDR” with “PUD”. These changes are now reflected in Division 5 of Chapter 1-19 (Section 1-19-10.500, et seq.) of the County Code. The BOCC and the Developer agree and hereby acknowledge that those sections of the PUD having a valid Phase II PUD approval prior to the date of this Agreement shall be developed under the applicable PUD statutory requirements and development standards in place at the time of the Development Approvals, a copy of which is attached hereto as EXHIBIT 4, unless Developer and the County’s Division of Community Development Planning and Zoning staff mutually agree that current PUD regulations set forth in Section 1-19-10.500, et seq. of the County Code shall apply. Those portions of the PUD that were downzoned and subsequently rezoned in 2012 shall be developed under the revised PUD standards reflected in Section 1-19-10.500, et seq. of the County Code. upon the terms and conditions of this Agreement. Setbacks, building heights and other development standards shall be as established by the Development Approvals and applicable sections of the County Code.
Development Limitations. In the course of the Development Program, Institute shall not conduct or have conducted on its behalf, or enable any Third Party to conduct,
Development Limitations. 54 Section 10.3. Indebtedness. .......................................... 54 Section 10.4.
Development Limitations. The Borrower shall not, and shall not permit any Subsidiary to, commence the development or renovation of any Real Property Asset unless the Borrower or such Subsidiary has entered into a binding lease agreement with a Person to lease such Real Property Asset to such Person. Further, the Borrower shall not permit the fully built out cost of Real Property Assets under development or renovation at any time to exceed 15% of the sum of (a) the total assets of the Borrower and its Subsidiaries at such time determined on a consolidated basis in accordance with GAAP plus (b) the estimated total remaining costs to complete all such development and renovation.
Development Limitations. Neither Party may conduct or have conducted on its behalf, or enable any Third Party to conduct, any activities with respect to the Product that are not approved under the Development Plan or by the PSC, without the prior written consent of the other Party, such consent not to be unreasonably withheld or delayed. [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
