Common use of Waiver of SDCs Clause in Contracts

Waiver of SDCs. The City hereby agrees that, provided that Xxxx substantially completes all of the Water, Park, and Transportation Improvements contemplated in this Agreement and all incorporated Exhibits, and subject to the limitations set forth below in this Section 13.2, the City will not impose or collect, and hereby fully waives, any and all water, parks, and transportation SDCs otherwise applicable to the construction of single-family residential dwellings (attached or detached) up to a maximum of 955 dwellings, and some industrial and commercial development on the Property as part of the Project as described below. Any development on the Property in excess of the limits described below shall be subject to SDCs at the Fixed SDC Rate. The scope of the Improvements detailed in the Exhibits is the basis for the agreed upon waiver of SDCs. If it is later determined that the scope, capacity, or quality of the Improvements must be materially changed, then the Parties agree that, following a request therefor from Xxxx, the Parties will negotiate in good faith an amendment to this Agreement that reflects the impact of the changed scope, capacity, or quality on the financial obligations of Xxxx hereunder.

Appears in 3 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

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Waiver of SDCs. The City hereby agrees that, provided that Xxxx substantially completes all of the Water, Park, and Transportation Improvements contemplated in this Agreement and all incorporated Exhibits, and subject to the limitations set forth below in this Section 13.2, the City will not impose or seek to collect, and hereby fully waives, any and all water, parks, and or transportation SDCs otherwise applicable to the construction of single-family residential dwellings dwelling (attached or detached) up to a maximum of 955 dwellings, and some industrial and commercial development on the Property as part of the Project as described Project, subject to the limits below. Any development on the Property in excess of the limits described below shall be is subject to SDCs at the Fixed SDC Rate. The scope of the Improvements detailed in the Exhibits is the basis for the agreed upon waiver of SDCs. If it is later determined that the scope, capacity, or quality of the Improvements must be materially changed, then the Parties agree that, following a request therefor from Xxxx, the Parties will negotiate in good faith an amendment to this Agreement that reflects the impact of the changed scope, capacity, or quality on the financial obligations of Xxxx hereunder.

Appears in 1 contract

Samples: Development Agreement

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