Common use of Change in Use Clause in Contracts

Change in Use. The Developer shall not, for the duration of the Restriction Period, change the use of the Buildings or any material portion thereof from that set forth in the Proposal, the Approvals, and Section 7.01 of this Agreement, except in accordance with the provisions of this Section. In the event that at any time during the Restriction Period the Developer is unable to economically maintain one or more of the elements of the Project in the use required by the Proposal, the Approvals and this Agreement, for good and substantial cause(s), the Developer may request approval by the Select Board of a change in use by presenting to the Select Board evidence of such good and substantial cause(s) for the proposed change together with a concept plan showing the proposed change. No such change shall be made without the approval by the Select Board of such cause, such proposed change in use, and such concept plan. If the Select Board so approves, the Developer shall proceed to obtain approvals for such change under the applicable provisions of the Zoning By-law, if necessary. If the Select Board notifies the Developer in writing, within sixty (60) days after its receipt of such information from the Developer, of its objection to the reasons proffered for the proposed change or the concept plan or the proposed change in use, specifying the grounds for such objection, the Developer shall submit additional evidence relative to the cause and/or a revised concept plan accordingly, and the Select Board shall have an additional thirty (30) days to approve or disapprove the cause for the proposed change in use and/or the revised concept plan. In the event the Developer shall fail to comply with the foregoing requirement, the Town may within thirty (30) days of its discovery thereof, direct in writing that the Developer cease such use which has not been approved by the Select Board pursuant to this Section, and the Developer shall promptly comply with such a directive at its sole cost and expense. Approvals hereunder shall be at the discretion of the Select Board and there shall be no deemed approvals for purposes of this Section. This restriction shall be set forth in the Deed.

Change in Use. ‌ The Developer shall not, for the duration of the Restriction Period, change the use of the Buildings or any material portion thereof from that set forth in the Proposal, the Approvals, and Section 7.01 of this Agreement, except in accordance with the provisions of this Section. In the event that at any time during the Restriction Period the Developer is unable to economically maintain one or more of the elements of the Project in the use required by the Proposal, the Approvals and this Agreement, for good and substantial cause(s), the Developer may request approval by the Select Board of a change in use by presenting to the Select Board evidence of such good and substantial cause(s) for the proposed change together with a concept plan showing the proposed change. No such change shall be made without the approval by the Select Board of such cause, such proposed change in use, and such concept plan. If the Select Board so approves, the Developer shall proceed to obtain approvals for such change under the applicable provisions of the Zoning By-law, if necessary. If the Select Board notifies the Developer in writing, within sixty (60) days after its receipt of such information from the Developer, of its objection to the reasons proffered for the proposed change or the concept plan or the proposed change in use, specifying the grounds for such objection, the Developer shall submit additional evidence relative to the cause and/or a revised concept plan accordingly, and the Select Board shall have an additional thirty (30) days to approve or disapprove the cause for the proposed change in use and/or the revised concept plan. In the event the Developer shall fail to comply with the foregoing requirement, the Town may within thirty (30) days of its discovery thereof, direct in writing that the Developer cease such use which has not been approved by the Select Board pursuant to this Section, and the Developer shall promptly comply with such a directive at its sole cost and expense. Approvals hereunder shall be at the discretion of the Select Board and there shall be no deemed approvals for purposes of this Section. This restriction shall be set forth in the Deed.