PHASES AND PD ZONING Sample Clauses

PHASES AND PD ZONING. Anything in this Schedule 6.1 or elsewhere in this Agreement to the contrary notwithstanding: The Master Site Plan, the Concept Plan, and the application report of the PD Zoning (including, without limitation, the Zoning Enhancements) (as on file on the Effective Date with ACC) for the Project (collectively, the “Zoning Requirements”), as in effect on the Effective Date, are all binding on Owner. No provision of this Agreement, purports to, or shall be effective to, change any of the Zoning Requirements, vary from any of the Zoning Requirements, grant a waiver with respect to any of the Zoning Requirements, or bind ACC with respect to, any such change, variance or waiver with respect to the Zoning Requirements. No modification (each, a “Zoning Modification”), whether or not constituting a Material Modification, of the Zoning Requirements may be made without prior approval of ACC’s Mayor and Commission in accordance with Applicable Law, including, without limitation, ACC’s zoning ordinances. For the avoidance of doubt, the term Zoning Modification includes, but is in no way limited to, any modification that would: adversely affect any of the Performance Commitments to the extent that such change is encompassed by PD Zoning, including, without limitation, as to the sequence of performance of any Performance Commitment as required pursuant to Schedule P hereto, provided, that Owner shall not request any Zoning Modification that would adversely affect any such Performance Commitment; or change the requirements of the Project Construction Schedule of the Phase Table, below, regarding completion of Building 1 and Building 4 or the commencement of construction of all of the components of Phase 1; or vary the sequence of construction of the Phases from the sequence specified in the Zoning Requirements; or change the Master Site Plan or the Concept Plan. Owner may request ACC in accordance with Applicable Law to grant a Zoning Modification, except as prohibited in clause (i), above. If Owner obtains ACC approval of a Zoning Modification in accordance with the foregoing, then the Parties shall enter into a written amendment of this Agreement (each, a “Zoning Modification Amendment”) to conform this Agreement to the approved Zoning Modification. For the avoidance of doubt, a Zoning Modification Agreement requires prior approval of ACC’s Mayor and Commission, acting in accordance with Applicable Law, including, without limitation, the Charter of the Unified Government...
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PHASES AND PD ZONING. Anything in this Schedule 6.1 or elsewhere in this Agreement to the contrary notwithstanding:
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PHASES AND PD ZONING. ‍ Phase 1A Phase 1A Phase 1A Phase 1A Phase 1A Phase 1A Phase 1A Phase 1B Infrastucture Building 1 (Remaining mall) Building 2 (New Retail) Building 3 (Senior) Building 4 (Multi Family) Townhomes Building 6 (New Retail) Infrastructure Anticipated Receipt of LDP/building permit/Commencement date 4/30/2024 6/1/2025 6/1/2025 6/1/2025 6/1/2025 6/1/2025 6/1/2025 6/1/2027 Construction Complete 6/1/2027 6/1/2027 6/1/2028 6/1/2027 6/1/2027 6/1/2027 6/1/2027 6/1/2031 Phase 2 Phase 2 Phase 3 Phase 3 Building 7 (Multi Family) Townhomes Building 5 (Multi Family) Outparcels 6/1/2027 6/1/2027 6/1/2029 6/1/2029 6/1/2029 6/1/3030 6/1/2031 6/1/2030 Anything in this Schedule 6.1 or elsewhere in this Agreement to the contrary notwithstanding: The Master Site Plan, the Concept Plan, and the application report of the PD Zoning (including, without limitation, the Zoning Enhancements) (as on file on the Effective Date with ACC) for the Project (collectively, the “Zoning Requirements”), as in effect on the Effective Date, are all binding on Owner. No provision of this Agreement, purports to, or shall be effective to, change any of the Zoning Requirements, vary from any of the Zoning Requirements, grant a waiver with respect to any of the Zoning Requirements, or bind ACC with respect to, any such change, variance or waiver with respect to the Zoning Requirements. No modification (each, a “Zoning Modification”), whether or not constituting a Material Modification, of the Zoning Requirements may be made without prior approval of ACC’s Mayor and Commission in accordance with Applicable Law, including, without limitation, ACC’s zoning ordinances. For the avoidance of doubt, the term Zoning Modification includes, but is in no way limited to, any modification that would: adversely affect any of the Performance Commitments to the extent that such change is encompassed by PD Zoning, including, without limitation, as to the sequence of performance of any Performance Commitment as required pursuant to Schedule P hereto, provided, that Owner shall not request any Zoning Modification that would adversely affect any such Performance Commitment; or change the requirements of the Project Construction Schedule of the Phase Table, below, regarding completion of Building 1 and Building 4 or the commencement of construction of all of the components of Phase 1; or vary the sequence of construction of the Phases from the sequence specified in the Zoning Requirements; or change the Master Site Plan or ...
Sample 1

Related to PHASES AND PD ZONING

  • Maintaining Records; Access to Properties and Inspections Maintain financial records in accordance with GAAP and, upon reasonable notice, permit any representatives designated by the Administrative Agent or any Lender to visit and inspect the financial records and the properties of the Borrower or any Significant Subsidiary during normal business hours and to discuss the affairs, finances and condition of the Borrower or any Significant Subsidiary with the officers thereof and independent accountants therefor.

  • Location and Type of Mortgaged Property The Mortgaged Property is a fee simple property located in the state identified in the related Mortgage Loan Schedule, except that with respect to real property located in jurisdictions in which the use of leasehold estates for residential properties is a widely-accepted practice, the Mortgaged Property may be a leasehold estate, and consists of a single parcel of real property with a detached single family residence erected thereon, or a two- to four-family dwelling, or an individual residential condominium unit in a condominium project, or an individual unit in a planned unit development and that no residence or dwelling is a mobile home; provided, however, that any condominium unit or planned unit development shall not fall within any of the "Ineligible Projects" of part XII, Section 102 of the Fannie Mae Selling Guide and shall conform with the Underwriting Guidelxxxx. In the case of any Mortgaged Properties that are manufactured homes (a "Manufactured Home Mortgage Loans"), (i) such Manufactured Home Mortgage Loan conforms with the applicable Fannie Mae or Freddie Mac requirements regarding mortgage loans related xx xxnxxxcturxx xxxxlings, (ii) the related manufactured dwelling is permanently affixed to the land, (iii) the related manufactured dwelling and the related land are subject to a Mortgage properly filed in the appropriate public recording office and naming Seller as mortgagee, (iv) the applicable laws of the jurisdiction in which the related Mortgaged Property is located will deem the manufactured dwelling located on such Mortgaged Property to be a part of the real property on which such dwelling is located, and (v) such Manufactured Home Mortgage Loan is (x) a qualified mortgage under Section 860G(a)(3) of the Internal Revenue Code of 1986, as amended, and (y) secured by manufactured housing treated as a single family residence under Section 25(e)(10) of the Code. As of the date of origination, no portion of the Mortgaged Property was used for commercial purposes, and since the date of origination, no portion of the Mortgaged Property has been used for commercial purposes; provided, that Mortgaged Properties which contain a home office shall not be considered as being used for commercial purposes as long as the Mortgaged Property has not been altered for commercial purposes and is not storing any chemicals or raw materials other than those commonly used for homeowner repair, maintenance and/or household purposes;

  • Access to Property, Property’s Management, Property Lender, and Property Tenants Potential Investor agrees to not seek to gain access to any non-public areas of the Property or communicate with Property’s management employees, the holder of any financing encumbering the Property, the Property’s tenants, and the Owner’s partners in the ownership of the Property, without the prior consent of Owner or JLL, which consent may be withheld in the Owner’s sole discretion.