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Public Benefits Provided Pursuant to the Development Agreement Sample Clauses

Public Benefits Provided Pursuant to the Development AgreementThe Board determined that the development of the Project will afford the County and its citizens and the surrounding region with the following primary benefits (all as set further forth in Section 15 of this Agreement), which include both public benefits provided by the Project in accordance with the Project Approvals and public benefits in excess of those which could be expected from the Napa Pipe Project in absence of this Agreement (collectively, the “Public Benefits”): 1. Park improvements that exceed the cost mandated by existing laws, as well as park maintenance at no cost to the public.
Public Benefits Provided Pursuant to the Development AgreementThe Board has determined that the development of the Project will afford the County and its citizens and the surrounding region with the following primary benefits (all as set further forth in Section 12.2 of this Agreement), which include both public benefits provided by the Project in accordance with the Project Approvals and public benefits in excess of those which could be expected from the Project in absence of this Agreement (collectively, the “Public Benefits”): Landowner agrees to make certain enhancements to the roadway along the front of the Property namely: (a) realignment of the State Highway 128 and Conn Creek Road intersection as generally depicted in Exhibit J attached hereto (“Road Realignment”); and (b) installation of a left-hand turn lane for southbound traffic on Highway 128 entering into the Property as generally depicted on Exhibit J attached hereto (collectively, the “Enhancements”). Payment to the County of $4.50 per square foot of buildings Landowner intends to bring into compliance with the Applicable Rules, approximately $56,000, to be determined upon final review and approval of plans submitted, that County may use for affordable housing. The calculation of fees is pursuant to Sections 18.107.050 and 18.107.060 of the County Code for the buildings Landowner intends to bring into compliance with the Applicable Rules. The Parties contemplate that the certificates of occupancy will be issued, and the payment made, at the conclusion of Phase One of the Project. Payment to the County of $50,000 by Landowner, within ten (10) days of the Effective Date of this Agreement, earmarked for the Xxxxxxxxxx Fire Station for the use in improving driveway access to the Xxxxxxxxxx Fire Station, provided however, that the County retains sole discretion in determining how the funds are ultimately spent. Reasons for this Agreement.
Public Benefits Provided Pursuant to the Development AgreementThe Board determined that the development of the Project will afford the County and its citizens and the surrounding region with the following primary benefits (all as set further forth in Section 15 of this Agreement), which include both public benefits provided by the Project in accordance with the Project Approvals and public benefits in excess of those which could be expected from the Napa Pipe Project in absence of this Agreement (collectively, the “Public Benefits”): 1. Park improvements that exceed the cost mandated by existing laws, as well as park maintenance at no cost to the public. 2. Payment to the County of an Affordable Housing Contribution (as defined in the Affordable Housing Plan) in excess of that required under County Code Chapter 18.107, through the payment of $1,000,000 into the County’s affordable housing trust fund established pursuant to Section 18.107.020 of the Napa County Code . $750,000 of this amount will be provided by the County to the Qualified Housing Developer (as defined in the Affordable Housing Plan attached as Exhibit B hereto) of the first low- and very-low income development project on the Property and $250,000 will be used by the County to fund the County’s Proximity Housing Assistance Program to provide homebuyer assistance for affordable residential ownership units developed on the Property. O.3. Anticipated construction in Phase One of the Project of an approximately (but not to exceed) 154,000 square foot Membership Warehouse Store, such as a Costco, or, if good faith efforts fail to result in a purchase agreement for a Membership Warehouse Store within two years after the Effective Date of the Development Agreement, fiscal impact payments if development of a Membership Warehouse Store is delayed or not constructed (as more particularly described in the Phasing Plan attached hereto as Exhibit D). O.4. Reservation and dedication of an approximately 10-acre school site to the Napa Valley Unified School District pursuant to a separate agreement between Landowner and Napa Valley Unified School District. O.5. Construction of approximately 15,600 square feet of various community facilities at Landowner’s sole cost and expense, including the following: (i) Refurbishment of existing overhead cranes that will be integrated into the street-scape; (ii) Construction in the dry-dock area of small boat harbors, a boathouse, a swimming pool and a sunken outdoor event space; (iii) Refurbishment of an existing gantry crane as a...

Related to Public Benefits Provided Pursuant to the Development Agreement

  • Certification Regarding Termination of Contract for Non-Compliance (Tex Gov. Code 552.374)

  • Certification of Funds; Budget and Fiscal Provisions; Termination in the Event of Non-Appropriation This Agreement is subject to the budget and fiscal provisions of the City’s Charter. Charges will accrue only after prior written authorization certified by the Controller, and the amount of City’s obligation hereunder shall not at any time exceed the amount certified for the purpose and period stated in such advance authorization. This Agreement will terminate without penalty, liability or expense of any kind to City at the end of any fiscal year if funds are not appropriated for the next succeeding fiscal year. If funds are appropriated for a portion of the fiscal year, this Agreement will terminate, without penalty, liability or expense of any kind at the end of the term for which funds are appropriated. City has no obligation to make appropriations for this Agreement in lieu of appropriations for new or other agreements. City budget decisions are subject to the discretion of the Mayor and the Board of Supervisors. Contractor’s assumption of risk of possible non-appropriation is part of the consideration for this Agreement. THIS SECTION CONTROLS AGAINST ANY AND ALL OTHER PROVISIONS OF THIS AGREEMENT.

  • Post-Termination Cooperation Following any termination of this Agreement, all Parties shall thereafter cooperate fully and work diligently in good faith to achieve an orderly resolution of all matters resulting from such termination.

  • Special Provisions Relating to the Holders of Incentive Distribution Rights Notwithstanding anything to the contrary set forth in this Agreement, the holders of the Incentive Distribution Rights (a) shall (i) possess the rights and obligations provided in this Agreement with respect to a Limited Partner pursuant to Articles III and VII and (ii) have a Capital Account as a Partner pursuant to Section 5.5 and all other provisions related thereto and (b) shall not (i) be entitled to vote on any matters requiring the approval or vote of the holders of Outstanding Units, (ii) be entitled to any distributions other than as provided in Sections 6.4(a)(v), (vi) and (vii), 6.4(b)(iii), (iv) and (v), and 12.4 or (iii) be allocated items of income, gain, loss or deduction other than as specified in this Article VI.

  • Addition of Trust as Party to Distribution Agreement Pursuant to Section 1 of the Distribution Agreement, each of the undersigned parties hereby acknowledges and agrees that the Trust, upon execution hereof by the Trust and the other parties to the Distribution Agreement (other than any other trusts organized in connection with the Registration Statement that are party thereto as of the date hereof), shall become a Trust for purposes of the Distribution Agreement in accordance with the terms thereof, in respect of the Notes, with all the authority, rights, powers, duties and obligations of a Trust under the Distribution Agreement. The Trust confirms that any agreement, covenant, acknowledgment, representation or warranty under the Distribution Agreement applicable to the Trust is made by the Trust at the date hereof, unless another time or times are specified in the Distribution Agreement, in which case such agreement, covenant, acknowledgment, representation or warranty shall be deemed to be confirmed by the Trust at such specified time or times.

  • Complete Disposal Upon Termination of Service Agreement Upon Termination of the Service Agreement Provider shall dispose or delete all Student Data obtained under the Service Agreement. Prior to disposition of the data, Provider shall notify LEA in writing of its option to transfer data to a separate account, pursuant to Article II, section 3, above. In no event shall Provider dispose of data pursuant to this provision unless and until Provider has received affirmative written confirmation from LEA that data will not be transferred to a separate account.

  • Termination of Management Agreement Evidence of the termination of any and all management agreements affecting the Property, effective as of the Closing Date, and duly executed by Seller and the property manager.

  • Effective Period, Termination and Amendment; Interpretive and Additional Provisions This Custodian Agreement shall become effective as of the date hereof, shall continue in full force and effect until terminated as hereinafter provided, and may be amended at any time by mutual agreement of the parties hereto. This Custodian Agreement may be terminated by either party by written notice to the other party, such termination to take effect no sooner than sixty (60) days after the date of such notice. Notwithstanding the foregoing, if Ally Financial resigns as Servicer under the Basic Documents or if all of the rights and obligations of the Servicer have been terminated under the Servicing Agreement, this Custodian Agreement may be terminated by the Issuing Entity or by any Persons to whom the Issuing Entity has assigned its rights hereunder. As soon as practicable after the termination of this Custodian Agreement, the Custodian shall deliver the Receivable Files described herein to the Issuing Entity or the Issuing Entity’s agent at such place or places as the Issuing Entity may reasonably designate.

  • Amendment to Employment Agreement 2 of the Employment Agreement is amended and restated in its entirety to read as follows:

  • Notice to Union of Long Term Layoff In the event of a pending layoff of a permanent or long-term nature, the Home will: (a) Provide the Union with ninety (90) days’ notice; (b) Meet with the Union to review the following: i) The reasons causing the layoff; ii) The service which the Home will undertake after the layoff; iii) The method of implementation, including areas of cutback and the employees to be laid off. It is understood that permanent or long-term nature means a layoff which will be longer than eight (8) weeks.