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 of Athens-Xxxxxx County, Georgia. The Transit Station Redevelopment Project is not part of the Project, is not subject to PD Zoning, and is not subject to provisions of this Agreement that are based on or which refer to PD Zoning. It shall be a condition to the effectiveness of this Agreement that PD Zoning be in effect at all times during the Term. For the avoidance of doubt, and anything in this Schedule or elsewhere in this Agreement to the contrary notwithstanding:
Appears in 5 contracts
Samples: Community Benefits Agreement, Community Benefits Agreement, Community Benefits Agreement
