Transfer of Development Rights. Nothing contained in this Agreement shall be interpreted to limit Redeveloper's right or ability to transfer any development or other rights which may exist at any time in the future.
Transfer of Development Rights. (A) Developer may, at its sole discretion, transfer its Development Rights to other developers. The transferring Developer must give notice to the County of the transfer of any Development Rights. The notice to the County must include the identity and address of the transferring Developer, the identity and address of the acquiring Developer, the acquiring Developer’s contact person, the location and number of acres of the Property associated with the transfer and the number of residential units or commercial acreage subject to the transfer. Any Developer acquiring Development Rights is required to file with the County an acknowledgment of this Agreement and the transfer of Development Rights is effective only when the County receives a commitment from the acquiring Developer to be bound by it. In the event of the sale, transfer, or other conveyance of all or a portion of the Property and compliance with the conditions set forth herein, Developer shall be released from any further obligations with respect to this Agreement as to the portion of the Property so transferred, and the transferee shall be considered as substituted as Developer under the Agreement as to the portion of the Property so transferred.
(B) This provision does not apply: (i) to the purchaser or other successor in title to Developer who is the owner or lessee of a completed residence and is the end user and not the developer thereof or who is the owner or lessee of an individual lot, who is not a developer and who intends to build a residence on the lot for the owner or lessee to occupy; (ii) to any mortgage lender either as the result of foreclosure of any mortgage secured by any portion of the Property or any other transfer in lieu of foreclosure; (iii) to any third party purchaser at such a foreclosure; or (iv) to any third party purchaser of such mortgage lender’s interest subsequent to the mortgage lender’s acquiring ownership of any portion of the Property as set forth above. Furthermore, nothing contained herein shall prevent, hinder or delay any transfer of any portion of the Property to any such mortgage lender or subsequent purchaser. Except as set forth herein, any such mortgage lender or subsequent purchaser shall be bound by and shall receive the benefits from this Agreement as the successor in title to Developer.
Transfer of Development Rights. Two (2) or more member municipalities may voluntarily choose to participate in a transfer of development rights (TDR) program thereby allowing the transfer of development rights across municipal borders within the Region. A separate Intermunicipal TDR Agreement will be necessary to participate in a multi‐municipal TDR Program.
Transfer of Development Rights. Owner shall be required to notify the City, in writing, as and when Development Rights are transferred to any other party, including Secondary Developers. Such information shall include the identity and address of the acquiring party, a proper contact person, the location and number of acres of the Property transferred, and the number of Residential Dwelling Units and/or mixed use or commercial acreage and square footage of the building area, as applicable, subject to the transfer. Secondary Developers transferring Development Rights to any other party shall be subject to this requirement of notification, and any entity acquiring Development Rights hereunder shall be required to file with the City an acknowledgment of this Agreement and a commitment to be bound by it.
Transfer of Development Rights. Developer may transfer development rights as vested by this Agreement from The Red Tail Ranch PUD in accordance with the provisions of the Code. If development rights are transferred from The Red Tail Ranch PUD, the vested rights as enabled by this Agreement shall be reduced by the amount of density transferred. Developer shall submit an application for a PUD modification in accordance with the requirements of the Code to reduce the density in The Red Tail Ranch PUD if density is transferred. Conservation Easements. Developer may place conservation easements within the Property that limit the development rights as vested by this Agreement. If a conservation easement limits the development rights as vested by this Agreement, the vested rights as enabled by this Agreement shall be reduced by the amount of density transferred or encumbered by such an easement.
Transfer of Development Rights. Owner, or any other transferring party, shall be required to notify the City, in writing, as and when Development Rights are transferred to any other party, including Developer and Secondary Developers. Such information shall include the identity and address of the acquiring party, a proper contact person, the location and number of acres of the Property transferred, and the number of Residential Dwelling Units and/or mixed use or commercial acreage and square footage of the building area, as applicable, subject to the transfer. Developer and Secondary Developers transferring Development Rights to any other party shall be subject to this requirement of notification, and any entity acquiring Development Rights hereunder shall be required to file with the City an acknowledgment of this Agreement and a commitment to be bound by it.
Transfer of Development Rights. The Town shall provide Owner with thirty- eight (38) TDRs from the Town’s reserve bank of commercial TDRs for Owner to utilize to develop the Project (the “TDR Transfer”). Pursuant to Town Code Section 23-22.2(c), the Council may develop an alternative value method for reserve bank TDRs consistent with the goals, objectives, and vision of the Town; which in this case is based on the value added by establishing a new public waterfront park on the Park Parcel.
Transfer of Development Rights. All other development rights not specifically reserved under this Easement are hereby extinguished and shall not be transferred to any other property pursuant to a transfer of development rights program or any other means or used to calculate permitted development density.
Transfer of Development Rights. Developer may transfer development rights as vested by this Agreement from The Red Tail Ranch PUD in accordance with the provisions of the Code. If development rights are transferred from The Red Tail Ranch PUD, the vested rights as enabled by this Agreement shall be reduced by the amount of density transferred. Developer shall submit an application for a PUD modification in accordance with the requirements of the Code to reduce the density in The Red Tail Ranch PUD if density is transferred.
Transfer of Development Rights. If Development Attributes have been or are in the future assigned to any Parcel, any change to such Parcel’s specified Development Attributes shall be deemed a “Transfer of Development Rights,” if and to the extent such change results in a Transfer of Development Rights from any Parcel to any Parcel (a “Transfer of Development Rights”). When a Transfer of Development Rights is undertaken with respect to any Parcel, a Development Attributes Allocation Status Form shall be prepared, provided to the City and recorded as set forth in Section 3.9 of this Agreement. Except as set forth in this subsection 3.3, the allocation of Development Attributes among the separate Parcels within the Property pursuant to the allocations set forth and described in the Development Area Budget and Entertainment District Development Plan shall not be deemed a Transfer of Development Rights among the Parcels.
