Development of the Site. 1.1 The Owner agrees to develop the Enterprise Project Site in compliance with the Use Regulation Schedule, §222-8 of the Zoning By-Law for the EZ District in effect as of the Effective Date of this Agreement; provided that, notwithstanding anything contained in the Zoning By-Law, the maximum ground floor area for the Enterprise Project Site shall not exceed 2,450,000 square feet, and the maximum impermeable coverage for the Enterprise Project Site shall not exceed square feet .
1.2 The Owner agrees that the Enterprise Project Site shall be developed with the setbacks set forth in Exhibit . [Add new Exhibit, to be prepared by Capital Group, showing permissible building envelope for site].
1.3 Subject to the terms of this Agreement generally, the specific use restrictions set forth in Section 7.1 below, and final Town Meeting and Attorney General Approval of the Zoning Amendments contemplated herein, the Owner agrees not to develop, apply for, permit, or construct any residential development on the Enterprise Project Site whether pursuant to the Town’s Zoning By-Law, M.G.L. c.40B, §§20-23 and 760 CMR 56.00, or otherwise.
1.4 The Owner acknowledges that any modifications to the Concept Plan are subject to review by the Planning Board during site plan review for consistency with the Concept Plan pursuant to §223-63.B of the Zoning Bylaw. Planning Board review pursuant to §223-63.B is a matter of zoning, and is outside the scope of the this Memorandum of Agreement.
1.5 The parties specifically understand and agree that as the result of Planning Board approval of a Definitive Subdivision Plan (see Exhibit C-2 ) the current uses allowed for in the zoning districts which presently comprise the Project Site are frozen for 8 years from the date of approval. However, in the event new or amended Dimensional requirements for the EZ District are enacted, amended or changed from those in effect on the Effective Date as specified in Section 9.1 herein, or any other local regulation, Bylaw or ordinance which is applicable to Owner’s Project and materially impacts the Owner’s Projects, is or are enacted, amended or changed from those in effect on the Effective Date, prior to Owner formally applying for any such approval, order or permit required for construction of the Owner’s Projects, Owner may terminate this Agreement by written notice to the Town, whereupon this Agreement shall be null and void without recourse to the Town.
1.6 Prior to the issuance of the first Buildi...
Development of the Site. 2.1 Development of the SITE shall conform to the MUNICIPALITY’S Town Planning Scheme for use as set out in Clause 4 of this Annexure.
Development of the Site. In consideration for the City entering into this Agreement, upon Owner’s election to commence development of the Project, if at all, Owner agrees to perform all of its obligations contained in this Agreement in the time and manner set out in this Agreement and the Plan Documents, Mitigation Monitoring and Reporting Program, Project Approvals and Conditions of Approval.
Development of the Site. The Developer agrees to construct the Improvements on the Site in accordance with all applicable Development Approvals and the Construction Plans for development approved by the City and the Agency and in accordance with the Schedule of Performance, it being agreed that construction of the Improvements in a timely manner is of the essence of this Agreement in view of the need for the Improvements within the City and the increased tax revenue receivable by the Agency from the Improvements. The Developer shall also comply with the requirements of the City's General Plan, the Redevelopment Plan and FORA's Land Use Plan. Standard City required financial performance bonds or letters of credit shall be supplied for all public works or improvements in City rights of way. Until sale of the final Residential Unit, the Developer shall provide the Agency with quarterly reports on indicating the number of Residential Units sold each quarter.
Development of the Site. 1.1 The Owner agrees to develop the Site as a distribution/logistics center to include a maximum of square feet contained within buildings, along with associated parking, access, site circulation and infrastructure substantially as shown on Exhibit B.
1.2 The Owner shall not develop, apply for, permit or construct any different or additional uses of the Site other than what is shown on Exhibit B. Without limiting the foregoing, this restriction expressly prohibits all residential development of the Site whether pursuant to the Town’s Zoning By-Law, M.G.L. c.40B, §§20-23 and 760 CMR 56.00, or otherwise.
1.3 Neither the Project nor this Agreement may be amended so as to increase the overall floor area of the Project or to change the use of any building from that described in Exhibit B without the approval, by a majority vote, of the Town of Lancaster Annual Town Meeting or a Special Town Meeting.
Development of the Site. [301] Development of the Site by the Redeveloper 12
Development of the Site. For the purpose of this provision, the term “Site” means, the parcel n° 179 and any other adjacent parcels currently or that may in the future be owned by the Landlord or any other entities of the Nemaco group. The term “
Development of the Site. 8.3.1 For the purpose of this provision, the term “Site” and “Development” have the same meaning as defined under Clause 2.2.
8.3.2 As of the date of the signature of the Agreement and during the whole duration of the Lease, the Landlord undertakes to ensure that: - the Development of the Site will not preclude the Tenant from conducting its contemplated activities; - the Development of the Site will not preclude the Tenant from transforming the Premises into office space as set out under Clause 7.4.
8.3.3 Should the Site Development, as set out here above or under Clause 2.2, cause a reduction of the value of the Site or the Premises or the interest of the Tenant in relation with the Site as set out in the PDD, the Rent shall be reduced in a measure appropriate in respect to the prejudice suffered by the Tenant.
Development of the Site. SECTION 301.
Development of the Site. Section 201
