Land Use Approvals. This Agreement shall not be construed as a basis for either granting or assuring or indicating, or denying, refusing to grant or preventing any future grant of land use zoning approvals, permissions, variances, special exceptions or any other rights with respect to the real property in the approved uses area.
Land Use Approvals. Developer shall have obtained all Entitlements and land use approvals required to commence and complete the construction of the Developer Improvements.
Land Use Approvals. To satisfy its obligation to apply for all necessary Land Use Approvals, other than the building permit, Developer shall deliver evidence of having applied for such permits and approvals to the County not later than the date for performance set forth in the Schedule of Performance. Only upon the County's receipt of satisfactory evidence of Developer having applied for all necessary Land Use Approvals, other than the building permit, will Developer's obligation to submit such evidence be deemed satisfied.
Land Use Approvals. Before commencement of construction of the Participant Improvements or other works of improvement upon the Participant Property, the Participant shall, at its own expense, secure or cause to be secured any and all land use and other entitlements, permits and approvals which may be required for the Participant Improvements by the City or any other governmental agency affected by such construction or work. The Participant shall, without limitation, apply for and secure all permits, and pay all applicable costs, charges and fees associated therewith (except to the extent such fees are imposed as a condition of the Agency Improvements), required by the City, County of Orange, and other governmental agencies and Regulatory Agencies with jurisdiction over the Participant Improvements. The Agency staff shall use reasonable efforts to assist the Participant in obtaining all such entitlements, permits and approvals; provided that the Agency staff shall not incur any expenses or costs in connection therewith. The Agency staff shall have no responsibility concerning any conditional use permit(s) required in connection with the activities
Land Use Approvals. Before commencement of construction of the Improvements or other works of improvement upon the Site, the Participant shall, at its own expense, secure or cause to be secured any and all land use and other entitlements, permits, and approvals which may be required for the Improvements by the City or any other governmental agency affected by or having jurisdiction over such construction or work, including without limitation a license agreement between the Participant and the City allowing entry onto the Site which indemnifies City from any claims made in connection with the activities of the Participant. The Participant shall, without limitation, apply for and secure, and pay all costs, charges and fees associated therewith, all permits and fees required by the City, County of Riverside, and other governmental agencies with jurisdiction over the Improvements.
Land Use Approvals. Before commencement of construction of the Project or other works of improvement upon the Site, the Developer shall, at its own expense, secure or cause to be secured any and all permits and approvals from governmental agencies other than the City to the extent required for the Project by the Entitlements. The Developer shall, without limitation, apply for the Entitlements and secure all permits required under the Entitlements, and pay all costs, charges and fees associated therewith, required by the City, County of Orange, and other governmental agencies with jurisdiction over the Project. The City staff shall use reasonable efforts to assist Developer in obtaining all such permits and approvals; provided that the City staff shall not incur any material expenses or costs in connection therewith except as specifically required in the Entitlements. The City staff shall have no responsibility concerning any conditional use permit(s) required in connection with the activities or uses of the Site, except to provide reasonable efforts to assist Developer as provided herein. Nothing herein shall be construed to limit the City’s exercise of its police power.
Land Use Approvals. Borrower shall apply for, and exercise diligent good faith efforts to obtain, all Land Use Approvals within the time set forth in the Predevelopment Schedule.
Land Use Approvals. Owner acknowledges and understands that the Town is prohibited from engaging in “Contract Zoning” or the bartering away of its legislative prerogative. As such this Amendment shall not be construed as a basis for (1) granting or assuring or indicating or (2) refusing to grant or preventing any future grant of land use or zoning approvals, permissions, variances, special exceptions, or rights with respect to the Property.
Land Use Approvals. Pursuant to MIDA’s statutory authority, and under Utah Code § 63H-1-201(3)(q), the parties agree that the following land use laws and administrative review procedures will apply within the Hideout Zone:
a. MIDA designates and authorizes Hideout as the land use authority in the Hideout Zone, specifically authorizing Hideout to utilize its Land Use and Development Code (“Hideout Code”), as may be amended by Hideout from time to time, MIDA hereby adopts, ratifies, and authorizes all of Hideout’s land use decisions made on the Hideout Zone prior to the date of this Agreement, as if they had been made by MIDA.
b. In the Hideout Zone, no land use approvals from MIDA shall be required, and Hideout shall be the final land use authority for all purposes, except the right of appeal to the MIDA Board, as provided below.
c. Land use decisions made by Hideout, as provided under the Hideout Code, where all administrative remedies have been exhausted and the only action remaining is an appeal to district court are final land use decisions (“Hideout Final Land Use Decisions”). Hideout Final Land Use Decisions may be appealed to the MIDA Board, as provided herein, and then would go to the district court. Appeals of a Hideout Final Land Use Decision shall be made to the MIDA Board pursuant to rules and procedures established by the MIDA Board. The appeal shall be filed in writing within 30 days of the date Hideout Final Land Use Decision is made, setting forth the reasons for the appeal and the alleged errors made by Hideout.
d. Hideout shall indemnify and hold MIDA harmless, including for any attorney’s fees, for any liability resulting from MIDA’s approval of Hideout land use decisions and approvals described herein or made or issued after the date hereof. Except, if MIDA does not uphold a Hideout Final Land Use Decision on appeal, then MIDA shall indemnify and hold Hideout harmless, including for any attorney’s fees, for any liability to a third party from MIDA’s decision.
e. Hideout agrees to timely provide MIDA with notice of all building permits and certificates of occupancy, issued by Hideout, for construction occurring within the Hideout Zone during the Term of this Agreement.
Land Use Approvals. The Buyer will have until 30 days prior to the Closing Date, as defined in Paragraph 17, to receive all Municipal development and zoning approvals that Buyer deems necessary in Buyer’s sole discretion to allow Buyer to construct the Project, including without limitation, obtaining any design, zoning approvals and utility agreements needed, with terms acceptable to Buyer.
