Common use of – Project Approval Application Clause in Contracts

– Project Approval Application. Once advancement in the process has been granted, the developer may proceed to apply for project approval. BYU-Idaho and the City of Rexburg will meet to discuss the prospective project, synchronize all relevant approval processes, and coordinate any necessary meetings with the developer. The “Project Approval Application” will require a series of narrative responses spanning several topics. This step will also require the creation of a Student Living Plan. The Housing Approval Committee will review the application within 30 days of submission of a final draft to the Housing & Student Living Director. An “approved” project signals a contract with BYU-Idaho to provide single student housing. As with all contracts for approved housing, this grant of approval is for a period of one year, renewable annually through the established review process. If a project is “denied,” a member or members of President’s Council will review the application and reason(s) for denial prior to communicating the decision to the developer. Acquisition of an Existing Approved Property An individual or group that acquires an existing approved property must apply to become an “approved” owner and to retain the “approved” status of the property. Approved status is not automatically transferred. The new owner must submit a “Housing Approval Application” similar to the “Project Approval Application” referenced above. The Housing Approval Committee will review the application and provide a ruling within 15 days of submission of a final draft to the Housing & Student Living Director. It is recommended that the prospective buyer of an approved property communicate with the Housing & Student Living Office and engage the approval process prior to officially acquiring the property. A ruling on whether or not a new owner will be approved and/or an existing property retain its approved status can be granted before a transaction has closed. It is in the best interest of both the seller and the prospective buyer to communicate immediately with the Housing & Student Living Office once an existing approved property is placed under contract. Withdrawal or Rescindment of University Approval Voluntary Withdrawal by Landlord from the Approved Market Landlords wishing to remove their property from the BYU-Idaho approved housing market may do so by submitting the intention in writing. A plan must be included assuring that all students will be properly notified of the change with sufficient time to secure a contract elsewhere and vacate the premises. Withdrawing from the approved housing market must be for at least one year unless an exception is granted by the Housing & Student Living Office. Returning the property to the approved housing market will require a formal application as a new property. (See “Approval Process” section.) University Rescinding Approval Breaches of the Agreement to Provide BYU-Idaho Approved Housing (including any requirements or policies delineated in the Approved Housing Guidebook) or federal, state, or local laws are grounds for a permanent or temporary rescission of a grant of approved status, as determined at the sole discretion of the Housing & Student Living Office.

– Project Approval Application. Once advancement in the process favorable consideration has been granted, the developer may proceed to apply for project approval. BYU-Idaho and the City of Rexburg will meet to discuss the prospective project, synchronize all relevant approval processes, and coordinate any necessary meetings with the developer. The “Project Approval Application” will require a series of narrative responses spanning several topics. This step will also require the creation of a Student Living Plan. The Housing Approval Committee will review the application within 30 days of submission of a final draft to the Housing & Student Living Director. An “approved” project signals a contract with BYU-Idaho to provide single student housing. As with all contracts for approved housing, this grant of approval is for a period of one year, renewable annually through the established review process. If a project is “denied,” a member or members of President’s Council will review the application and reason(s) for denial prior to communicating the decision to the developer. Acquisition of an Existing Approved Property An individual or group that acquires an existing approved property must apply to become an “approved” owner and to retain the “approved” status of the property. Approved status is not automatically transferred. The new owner must submit a “Housing Approval Application” similar to the “Project Approval Application” referenced above. The Housing Approval Committee will review the application and provide a ruling within 15 days of submission of a final draft to the Housing & Student Living Director. It is recommended that the prospective buyer of an approved property communicate with the Housing & Student Living Office and engage the approval process prior to officially acquiring the property. A ruling on whether or not a new owner will be approved and/or an existing property retain its approved status can be granted before a transaction has closed. It is in the best interest of both the seller and the prospective buyer to communicate immediately with the Housing & Student Living Office once an existing approved property is placed under contract. Withdrawal or Rescindment of University Approval Voluntary Withdrawal by Landlord from the Approved Market Landlords wishing to remove their property from the BYU-Idaho approved housing market may do so by submitting the intention in writing. A plan must be included assuring that all students will be properly notified of the change with sufficient time to secure a contract elsewhere and vacate the premises. Withdrawing from the approved housing market must be for at least one year unless an exception is granted by the Housing & Student Living Office. Returning the property to the approved housing market will require a formal application as a new property. (See “Approval Process” section.) University Rescinding Approval BYU-Idaho reserves the right to rescind the approved status of any property at its sole discretion. Strict scrutiny will be used to consider whether the property may be granted approved status at a later date. Breaches of the Agreement to Provide BYU-Idaho Approved Housing (including any requirements or policies delineated in the Approved Housing Guidebook) or federal, state, or local laws are grounds for a permanent or temporary rescission City of a grant of approved status, as determined at the sole discretion of Rexburg requirements/regulations warrant an immediate review by the Housing & Student Living Office. This review may result in a permanent or temporary change in the property’s approved status. The following list provides additional specific reasons that may prompt a review. This list, however, is not intended to be all-inclusive. • Landlords or managers who engage in unfair or illegal practices. • Landlords or managers who are uncooperative or fail to teach and support the Honor Code, Apartment Living Standards, and/or Student Living. • Landlords who refuse to participate in the inspections process, do not resolve specified deficiencies in a timely manner, and/or will not provide a plan to resolve deficiencies. • Properties that have critical physical condition deficiencies that compromise the safety and well-being of students. • Landlords or managers who do not use the Tenant Information System to input students and verify eligibility of a prospective tenant. • Landlords or managers who regularly fail to make apartment assignments at least one month prior to check-in. • Properties with unusually low occupancy numbers or an excessive number of complaints. • Managers who do not regularly attend the monthly Manager Forums sponsored by BYU-Idaho.

– Project Approval Application. Once advancement in the process has been granted, the developer may proceed to apply for project approval. BYU-Idaho and the City of Rexburg will meet to discuss the prospective project, synchronize all relevant approval processes, and coordinate any necessary meetings with the developer. The “Project Approval Application” will require a series of narrative responses spanning several topics. This step will also require the creation of a Student Living Plan. The Housing Approval Committee will review the application within 30 days of submission of a final draft to the Housing & Student Living Director. An “approved” project signals a contract with BYU-Idaho to provide single student housing. As with all contracts for approved housing, this grant of approval is for a period of one year, renewable annually through the established review process. If a project is “denied,” a member or members of President’s Council will review the application and reason(s) for denial prior to communicating the decision to the developer. Acquisition of an Existing Approved Property An individual or group that acquires an existing approved property must apply to become an “approved” owner and to retain the “approved” status of the property. Approved status is not automatically transferred. The new owner must submit a “Housing Approval Application” similar to the “Project Approval Application” referenced above. The Housing Approval Committee will review the application and provide a ruling within 15 days of submission of a final draft to the Housing & Student Living Director. It is recommended that the prospective buyer of an approved property communicate with the Housing & Student Living Office and engage the approval process prior to officially acquiring the property. A ruling on whether or not a new owner will be approved and/or an existing property retain its approved status can be granted before a transaction has closed. It is in the best interest of both the seller and the prospective buyer to communicate immediately with the Housing & Student Living Office once an existing approved property is placed under contract. Withdrawal or Rescindment of University Approval Voluntary Withdrawal by Landlord from the Approved Market Landlords wishing to remove their property from the BYU-Idaho approved housing market may do so by submitting the intention in writing. A plan must be included assuring that all students will be properly notified of the change with sufficient time to secure a contract elsewhere and vacate the premises. Withdrawing from the approved housing market must be for at least one year unless an exception is granted by the Housing & Student Living Office. Returning the property to the approved housing market will require a formal application as a new property. (See “Approval Process” section.) University Rescinding Approval Breaches of the Agreement to Provide BYU-Idaho Approved Housing (including any requirements or policies delineated in the Approved Housing Guidebook) or federal, state, or local laws or are grounds for a permanent or temporary rescission recission of a grant of approved status, as determined at the sole discretion of the Housing & Student Living Office.