Development of Property. Developer shall have the right to develop the Property as set forth in the Vested Approvals and in accordance with this Agreement. City shall have the right to regulate development of the Property in accordance with the provisions of this Agreement.
Development of Property. Subject to the approval of any Governmental Authority with appropriate jurisdiction, Developer shall have the right, but not the obligation, for so long as Developer owns any portion of the Property, or until such earlier date as Developer elects in its sole discretion to relinquish such right, to make improvements and changes to all Common Areas and to all Lots owned by Developer, including without limitation (i) installation and maintenance of any Improvements in or to the Common Areas, (ii) changes in the location of the boundaries of any Lot owned by Developer or of the Common Areas, (iii) installation of any water, sewer and any other utility systems and facilities within the Common Areas, or (iv) any other change or Improvement to any portion of the Common’ Areas or to the Lots owned by Developer.
Development of Property. XXXXX agrees, at BUYER’S expense, to develop the Property by completing constructing a single-family home on the Property suitable for occupancy within twenty-four (24) months from the date the deed conveying the Property from SELLER to BUYER is filed with the Marshall County Recorder, subject to such reasonable extension(s) BUYER and SELLER may mutually agree upon, in writing. The requirement that BUYER construct a home on the Property shall not preclude BUYER from moving a home to the Property from another location. BUYER’S development of the Property shall comply with all relevant provisions of the City Code of the City of Marshalltown and BUYER shall obtain all necessary permits and undergo all necessary inspections. Until such time development of the Property is complete and a certificate of occupancy issues, BUYER shall not encumber the Property by lien, mortgage, or other similar debt obligation, nor sell the Property to a third-party, without the express written consent of SELLER. The provisions of this Agreement, generally, and this Paragraph, specifically, shall survive closing.
Development of Property. 4.1 The City agrees to the Development of the Property, and the Developer agrees that it will Develop the Property, only in accordance with the terms and conditions of this Agreement and all requirements of the City Code; Ordinance No. 2021-03; and all other applicable laws and regulations, including without limitation all City Ordinances and regulations, all State statutes and regulations, and all Federal laws and regulations.
4.2 The approval of the planned development and major subdivision by the City Council on April 6, 2021 constitutes approval of the site specific development plan and establishment of vested property rights for the project per Section 16-2-20 of the Code. An established vested property right precludes any zoning or land use action by the City or pursuant to an initiated measure which would alter, impair, prevent, diminish, impose a moratorium on development, or otherwise delay the development or use of the property as set forth in the approved site specific development plan.
Development of Property. The development of the Property shall be in accordance with City’s Current Laws, City’s Future Laws (to the extent that they apply as allowed by this Agreement) and this Agreement. To the extent there is a conflict between the City’s Current Laws, City’s Future Laws, and this Agreement, the hierarchy of priority, from highest priority to lowest priority is as follows: (i) this Agreement; (ii) the City’s Current Laws; and (iii) the City’s Future Laws. Nothing in this Agreement shall obligate Master Developer (or its successors) to develop the Property or to develop in any particular order or phase and that Master Developer reserves all discretion to determine whether to develop a particular portion or phase of the Property based upon Master Xxxxxxxxx’s business judgment. The Property may be developed for all uses allowed by the JRF Zone and this Agreement. In the event that a requirement to develop the Property is lawfully imposed by the UFAIR District or the UFAIR Act which is in conflict with this Agreement or the City’s Current Laws or City’s Future Laws, the City and Master Developer shall endeavor to renegotiate this Agreement to comply with the new requirements under the UFAIR Act or imposed by the UFAIR District.
Development of Property. At the time the mortgage is insured the mortgagor shall be obligated to con struct and complete new housing accom modations on the mortgaged property or to rehabilitate existing housing ac commodations thereon, designed prin cipally for residential use, conforming to standards satisfactory to the Com missioner, and consisting of not less than ten rental dwelling units on one site and may be detached, semi-de tached, or row houses, or multifamily structures; except that the Commis sioner may insure a mortgage on a com otherwise meeting the requirements of this section covering property located in Alaska, in Guam or in Hawaii, in such amounts as he shall find necessary to compensate for such higher costs but not to exceed, in any event, the maximum otherwise applicable by more than one- half thereof.
Development of Property. Buyer and Seller agree that the following conditions shall apply to the future development of the Property:
Development of Property. Carvana has determined that the Property is acceptable and suitable for its planned development and use for the operation of the Permitted Operations and has obtained all necessary approvals, permits, and other authorizations required for its development and operation of the Property in accordance with the Disbursement Agreement.
Development of Property. Carvana has determined that the Property is acceptable and suitable for its planned development and use for the operation of the Permitted Operations and has obtained all necessary approvals, permits, and other authorizations required for its development and operation of the Property in accordance with the Disbursement Agreement. (r) No Mechanics’ Liens. Except for such liens as may arise from work performed as contemplated by the applicable Budget, there are no outstanding accounts payable, mechanics’ liens, or rights to claim a mechanics’ lien in favor of any materialman, laborer, or any other person in connection with labor or materials furnished to or performed on any portion of the Property, which will not have been fully paid for on or before the Closing Date or, to Carvana’s actual knowledge, without independent investigation or inquiry, which might provide the basis for the filing of such liens against the Property or any portion thereof. Except for such liens as may arise from work performed as contemplated by the applicable Budget, no work has been performed or is in progress nor have materials been supplied to the Property or agreements entered into for work to be performed or materials to be supplied to the Property prior to the date hereof, which will not have been fully paid for on or before the Closing Date or which might provide the basis for the filing of such liens against the Property or any portion thereof. Carvana shall be responsible for any and all claims for mechanics’ liens and accounts payable that have arisen or may subsequently arise due to agreements entered into by Carvana prior to the Closing Date for and/or any work performed on, or materials supplied to the Property prior to and, to the extent same were at the request or requirement of Carvana, subsequent to the Closing Date, and Carvana shall and does hereby agree to defend, indemnify and forever hold VMRE and VMRE’s designees harmless from and against any and all such mechanics’ lien claims or accounts payable relating to the Property.
Development of Property. Casa Grande has approved the Zoning Designation. Casa Grande agrees that the Zoning Designation shall be permanently vested upon the Effective Date pursuant to the terms of this Agreement, and that the Property may be developed substantially in accordance with the Major Site Plan, subject to Developer’s compliance with the terms of this Agreement and all Applicable Laws.
A. Casa Grande reserves, exercising its sole and absolute discretion, the right to amend existing Applicable Laws or to adopt new Applicable Laws that shall be applicable to and binding on the Project. Notwithstanding the foregoing, any change in the Applicable Laws in existence on the Effective Date and any Applicable Law enacted after the Effective Date shall not be enforced against any development of the Project if such enforcement would materially and adversely limit or change the development of the Project or materially increase the cost of the development of the Project consistent with the terms of this Agreement.
B. Notwithstanding the provisions of Section 2.1.A of this Agreement, and subject to Developer reserving any and all claims for taking private property without just compensation pursuant to Applicable Laws, Casa Grande may change, enact and enforce Applicable Laws against the Property and the Project that have an adverse impact on the rights of Developer under this Agreement upon the occurrence of any one of the following provisions.
(a) Future Applicable Laws that Developer may agree in writing apply to the development of the Property and the Project;
(b) Applicable Laws of Casa Grande enacted as necessary to comply with mandatory requirements imposed on Casa Grande by Pinal County or the state or federal governments, including statutory requirements, court decisions, and other similar superior external authorities beyond the control of Casa Grande, provided that in the event any such mandatory requirement prevents or precludes compliance with this Agreement, if permitted by law, such affected provisions of this Agreement shall be modified as may be necessary to achieve the minimum permissible compliance with such mandatory requirement; provided, however, that Applicable Laws imposed on Casa Grande by Pinal County shall only be such Applicable Laws that satisfy the requirements of Subsection (b) through (d) of this Section 2.1.B as applied to Pinal County;
(c) Applicable Laws of Casa Grande reasonably necessary to alleviate threats to public health and safety, provided suc...
