Vested Right to Develop. Developer shall have a vested right to develop the Project on the Project Site in substantial conformance with the terms and conditions of this Agreement, the Project Approvals (as and when issued), the Subsequent Approvals (as and when issued), and amendments thereto as shall, from time to time, be approved pursuant to this Agreement. Nothing in this Section 6.01 shall be deemed to eliminate or diminish the requirement of Developer to obtain any required Subsequent Approvals.
Vested Right to Develop. In accordance with Section 2.1, Developer shall have the vested right to develop and use the Project consistent with this Agreement, the Conditional Use Permit, and Subsequent City Approvals.
Vested Right to Develop. Landowner shall have the vested right to develop the Subject Property in substantial conformance with the terms and conditions of the Legislative Project Approvals, the Subsequent Approvals (once they are granted), City Applicable Law (defined in Section 2.02), and the Applicable Fees (defined in Section 2.03). Such vested rights shall include, but not be limited to, the right to develop up to three hundred thousand (300,000) square feet of net new retail commercial uses up to the heights and at the locations depicted in Exhibit E. Landowner has the further vested right to develop the Subject Property in substantial conformance with the terms and conditions of City Applicable Law and the Subsequent Approvals (once they are granted) regarding the permitted uses of the Subject Property; the density and intensity of uses; the maximum height, bulk, and size of the proposed buildings; provisions for reservation or dedication of land for public purposes and the location of public improvements; the general location of public utilities; and other terms and conditions of development applicable to the Project. Notwithstanding the foregoing, during the Term, the City may apply to any development on the Subject Property, at the time of such development, then-current Uniform Building Code and other uniform construction codes or standards, to the extent that such code or standard has been adopted by the City and is in effect on a City-wide basis. In the event of any conflict or inconsistency between this Development Agreement and City Applicable Law or between this Development Agreement and any Subsequent Approvals, to the fullest extent legally possible, this Development Agreement shall prevail and control.
Vested Right to Develop. During the Term, subject to the Reservation of Authority by City contained in Article 8, Developer shall have a vested right to develop the Project on the Developer Property in accordance with and to the full extent permitted by the Development Plan, as the same may be amended or modified from time to time consistent with the terms of this Agreement, all of which shall exclusively control the development of the Project (including, without limitation, the uses, the density or intensity of use, architectural review, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes and the design, improvement and construction standards and specifications applicable to the Project or the Developer Property), provided, however, that (i) the Xxxxxx Country Mart must be developed and substantially completed with certificates of occupancy issued for at least 50% of the commercial floor area and the entire park area/amenities open to the public during the first phase of Project construction, prior to issuance of a certificate of occupancy for any of the light industrial buildings proposed by the Project, and (ii) certificates of occupancy shall be issued for eighty percent of the Xxxxxx Country Mart’s commercial floor area (as set forth in the Site Plan / 2022 SEIR) prior to (a) the City’s issuance of a certificate of occupancy for the sixth light industrial building proposed for the Project or (b) the last industrial building proposed for development if less than six light industrial buildings are ultimately proposed as part of the Project. The Developer shall be required to pay the Development Impact Fees applicable to the Project and/or the Developer Property, as well as the impositions under the Citywide CFD and the Sitewide CFDs/Amended Sitewide CFDs (as each such terms are defined below) as and when required. To carry out the Project, Developer anticipates making capital expenditures to be made in reliance upon this Agreement and the Project Agreements. In the absence of this Agreement, Developer would not have assurance that it can complete and utilize the Project for the uses and to the density and intensity of development set forth in this Agreement and the Existing Development Approvals. This Agreement is necessary to assure Developer that the Project will not be (i) reduced or otherwise modified in density, intensity or use, maximum height and size of proposed buildings and the design standards ap...
Vested Right to Develop. It is agreed that the development rights, obligations, terms and conditions specified in this Agreement are fully vested in the Developer and may not be changed, modified, invalidated or otherwise limited by County, whether by administrative action, legislative action, or, to the extent allowed by law, vote of the electorate through initiative, referenda and/or other voting process, except as may be expressly permitted by and in accordance with the terms and conditions of the Development Standards or as expressly consented to by Developer. Should such vested rights not be exercised during the term of this Agreement by Developer by undertaking and completing the contemplated Project, then such vested rights shall not survive beyond the term of this Agreement and any applicable extensions. Should, in the future within the term of this Agreement, any or all of the Project be destroyed by fire, earthquake, or other similar causes, then the Developer, or its successors, shall have a continuing vested right to rebuild or repair such damaged or destroyed structures, infrastructure, public and private facilities and Property as allowed by law within the term of this Agreement and to continue the vested uses granted hereunder.
Vested Right to Develop. (A) County agrees that the Developer, upon receipt of its development permits as identified in Section 3.04, may proceed to develop the Property according to the terms and conditions of this Agreement, the UDO, and the Laws and Land Development Regulations defined in Section 3.01(B). The right of Developer to develop the Property as set forth in this Agreement is deemed vested with Developer for the term of this Agreement when the Developer has complied with all of the requirements of Section 5.19 of this Agreement.
Vested Right to Develop. Landowner shall have the vested right to develop the Subject Property in substantial conformance with the terms and conditions of the Legislative Approvals, the Subsequent Approvals (once they are granted), City Applicable Law (defined in Section 2.02), and the Applicable Fees (defined in Section 2.03).
Vested Right to Develop. Developer shall have a vested right to build out the Project through the Term on the Project Site in accordance with the terms and conditions of the Project Approvals.
Vested Right to Develop. During the Term, HF or its Assignee, shall have a vested right to develop the Subject Property in accordance with the Existing Regulations, and as subject to the provisions of this Agreement.
Vested Right to Develop. Developer shall have the vested right to develop the Project pursuant to the Applicable Law this Agreement establishes and describes. Any Subsequent Approval shall be incorporated into this Agreement and vested hereby. In no event shall the total number of Project Allocations under this Agreement in any one year exceed the schedule provided for in Section 4.02 (g). Provided this Agreement has become effective, any Subsequent Approval issued after the Effective Date shall be incorporated into this Agreement and vested hereby.
