Zoning and Approvals. The Land is zoned planned commercial/industrial. All subdivision and land development approvals necessary for the creation of the Land as a separate lot with direct access to a public road and for the construction of the Building on the Land (collectively “Approvals”) have been obtained and are in full force and effect as of this date. Landlord is in full compliance with all Approvals and, to Landlord’s Knowledge, no condition or state of facts now exists which, with the giving of notice or expiration of applicable time period, could cause the invalidation, termination or revocation of any of the Approvals.
Zoning and Approvals. (a) Unless otherwise approved by the Township, all new development and redevelopment shall comply with zoning and all other applicable Township ordinances, land development procedures, and future amendments thereto. The Project and all plans and designs must complement the existing architecture within the Ardmore Commercial Historic District, comply substantially with the Ardmore Storefront Design Guidelines and design standards of zoning. The parties anticipate that if the Project is to be constructed as contemplated by this Agreement, amendments to the Township zoning ordinance will be required. The Township and Dranoff agree to use reasonable efforts to work cooperatively to create a project that meets zoning and land development approval requirements. The Township recognizes that Dranoff may request amendments to the Township’s current ordinances or waivers in order to make the Project feasible or more compatible with a transit oriented development, and Dranoff shall have the right to terminate this Agreement in the event that amendments to the Township’s current ordinances which are reasonably necessary for the construction of the Project are not obtained on or before June 30, 2012. In no event shall approval of this Agreement be construed as a modification of, or an agreement to modify, the zoning ordinance.
Zoning and Approvals. 10.1 The Property is presently zoned PRC Town Center, which permits the use contemplated in this Agreement. Buyer acknowledges that, prior to approval of a site plan or issuance of a building permit, a Town Center concept plan approval will have to be obtained from the Fairfax County Planning Commission and special exception approval will have to be obtained from the Fairfax County Planning Commission and the Fairfax County Board of Supervisors. Seller, at its expense, shall make all necessary applications for such concept plan approval and special exception approval and employ all reasonable and diligent efforts to obtain same and Buyer shall cooperate with and provide such reasonable assistance as may be necessary to obtain such approvals. All costs directly associated with such application (including, but not limited to all engineering and architectural fees and costs) shall be the responsibility of Buyer; provided, however, Seller shall select and retain legal counsel of its choice and at its expense to obtain such approvals from the Fairfax County Planning Commission and the Fairfax County Board of Supervisors. During the Study Period, Buyer and Seller shall endeavor in good faith to develop a schedule and/or timeline pursuant to which the parties shall pursue obtaining the Approvals (as such term is defined below). Seller and Buyer covenant and agree to cooperate and communicate with each other regarding all aspects of the processing and administration of the Approvals regarding the Project.
Zoning and Approvals. Buyer shall have determined, in its sole discretion, that the Property is suitably zoned to a zoning classification compatible with Buyer’s intended use of the Property with all necessary classifications, variances, permissions, exceptions, conditional uses, and other approvals having been obtained from all applicable governmental agencies and such approvals being final, non-appealable and in full force and effect. In the event Buyer determines that it requires any approvals, consents or other documentation with respect to the zoning of the Property and/or a variance to permit Buyer’s proposed use of the Property, Buyer shall have the right, at Buyer’s expense, to file such petitions for such approvals as Buyer deems necessary or appropriate. In such a case, the Seller agrees that it will execute all necessary consents and other documents necessary for the filing of zoning and/or variance petitions and obtaining the appropriate governmental approvals.
Zoning and Approvals. County will agree to comply with any applicable City zoning and development approval standards for the siting and development of the future Campus.
Zoning and Approvals. Landlord represents and warrants to Tenant that, as of the Rent Commencement Date, all of Landlord’s Work shall be Completed in compliance with all applicable Laws and Permitted Encumbrances and Tenant’s intended use of the Demised Premises as an office and medical laboratory facility (collectively, “Tenant’s Intended Use”) shall be permitted by and in compliance with all Laws and Permitted Encumbrances.
Zoning and Approvals. The Land is zoned planned commercial/industrial. All subdivision and land development approvals necessary for the creation of the new Lot 10 as a separate lot, consisting of the existing Lots 10 and 11, with direct access to a public road (collectively “Approvals”) will have been obtained and will be in full force and effect as of the Commencement Date for the New Leased Space. Landlord is in full compliance with all Approvals and, to Landlord’s Knowledge, no condition or state of facts now exists which, with the giving of notice or expiration of applicable time period, could cause the invalidation, termination or revocation of any of the Approvals. Landlord will obtain such approvals to combine the Land into a single, separate lot with direct access to public roads which, when obtained, shall be part of the Approvals.
Zoning and Approvals. The Property is zoned both as R-2 and R-4 which permits single family homes and townhomes (“Residences”).
Zoning and Approvals. Purchaser shall have obtained all necessary governmental permits and licenses from the applicable governing jurisdiction necessary for Purchaser to utilize each Property for the Intended Use as such Properties are being utilized as of the Effective Date (which Purchaser shall use commercially reasonable efforts to obtain).
