Return of Unused Density Sample Clauses

Return of Unused Density. If a Developer or Sub-developer cannot or does not utilize all of the Development Units allocated to it in connection with the transfer of one or more Parcels at the time the Developer or Sub-developer receives approval for the final Development Application for such transferred Parcel(s), the unused Development Units shall automatically revert back to Holdings. Such Development Units shall be accounted for in any subsequent Development Report that Holdings, or any of its successors in interest may be required to file with the City Recorder.
Sample 1
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Return of Unused Density. If any Density transferred to a Sub-developer is unused by the Sub-developer at the time the Parcel(s) transferred with such Density receives approval for a Final Plat for the final portion of such transferred Parcel(s), the unused portion of the transferred Density shall automatically revert back to Developer. In no event shall the Maximum Number of Dwelling Units allowed per the then-current PD Plan be exceeded. When an unused portion of a previously transferred Density (i.e., number of dwelling units) reverts back to the Developer, the Developer must seek approval of the City Council, upon recommendation of the Planning Commission, if the intended use of the reversionary Density is anticipated to deviate from the PD Plan (i.e., considered a substantive modification). Sub-developer Obligation. Project wide infrastructure components are outlined in the PD Plan. This includes all water (storm, irrigation and culinary), sewer, natural gas, underground utilities, streets, traffic control devices, sidewalks, parks, trails, streetscapes, and all other improvements on and off the Property reasonably required for the Project. All infrastructure projects shall be constructed in phases concurrently and in conjunction with the construction on and development of Parcel(s) or portion of a Parcel to which such infrastructure corresponds, except where otherwise outlined herein. If Developer conveys, assigns, or leases any Parcels in whole or in part by metes and bounds to a Sub-developer (the “Sub-developer Parcel”) prior to recording of a Final Plat of subdivision which requires Project wide infrastructure to be completed as part of the Parcel’s development plan, the Sub-developer shall be required to install, construct, complete, and dedicate all infrastructure components as identified in the PD Plan that are either: (i) located within the Sub-developer Parcel, or (ii) located outside the Sub-developer’s Parcel boundary and/or outside the Property’s boundary which are required for the development and construction of improvements inside the Sub-developer’s Parcel. All improvements shall be made by Sub-developer concurrently and in conjunction with development of such Parcel and bonded for by Sub-developer as required for all other subdivisions as set forth in the City’s ordinances and standards. Notwithstanding the foregoing, if any Sub-developer fails to fully construct the improvements as outlined in the PD Plan attributable to Sub-developer’s Parcel, Developer may,...
Sample 1

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