Common use of Developer Agreements Clause in Contracts

Developer Agreements. 6.1 Developer shall develop the Property consistent with (i) this Agreement, (ii) the Prior Approvals, (iii) the onsite and offsite improvements to be made to the Property, and (iv) all Subsequent Approvals for which it was the applicant or a successor in interest to the applicant. The parties acknowledged that that Project phases may be constructed in any order. The parties further acknowledge that development of the Property and the order in which proposed improvements are built are dependent on the availability of adequate funding, market conditions and the subjective judgment of ▇▇▇▇▇▇▇▇▇. Developer will engage in a good faith effort to raise adequate funds. However, Developer is not obligated to build any improvements or any phase or portion thereof if adequate funding is not available or if market conditions are not satisfactory to Developer in its sole discretion; provided, however, that for any phase or portion thereof constructed, Developer shall be required to comply with any requirements imposed by City and accepted by Developer during the Building plan check process, as well as any associated infrastructure improvements required by this Agreement, the Prior Approvals and any Subsequent Approvals. 6.2 In connection with development of the Property, ▇▇▇▇▇▇▇▇▇ agrees to pay any and all applicable City development and processing fees at the rate and amount in effect at the time the fee is required to be paid. Developer further agrees that unless specifically exempted by this Agreement, it is subject to all fees imposed by City at the operative date of this Agreement and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties.

Developer Agreements. 6.1 Developer shall develop the Property consistent with (i) this Agreement, (ii) the Prior Approvals, (iii) the onsite and offsite improvements to be made to the Property, and (iv) all Subsequent Approvals for which it was the applicant or a successor in interest to the applicant. The parties acknowledged that that Project phases may be constructed in any order. The parties further acknowledge that development of the Property and the order in which proposed improvements are built are dependent on the availability of adequate funding, market conditions and the subjective judgment of ▇▇▇▇▇▇▇▇▇Developer. Developer will engage in a good faith effort to raise adequate funds. However, Developer is not obligated to build any improvements or any phase or portion thereof if adequate funding is not available or if market conditions are not satisfactory to Developer in its sole discretion; provided, however, that for any phase or portion thereof constructed, Developer shall be required to comply with any requirements imposed by City and accepted by Developer during the Building plan check process, as well as any associated infrastructure improvements required by this Agreement, the Prior Approvals and any Subsequent Approvals. 6.2 In connection with development of the Property, ▇▇▇▇▇▇▇▇▇ Developer agrees to pay any and all applicable City development and processing fees at the rate and amount in effect at the time the fee is required to be paid. Developer further agrees that unless specifically exempted by this Agreement, it is subject to all fees imposed by City at the operative date of this Agreement and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties.

Developer Agreements. 6.1 Developer shall develop the Property consistent with (i) this Agreement, (ii) the Prior Approvals, (iii) the onsite and offsite improvements to be made to the Property, and (iv) all Subsequent Approvals for which it was the applicant or a successor in interest to the applicant. The parties acknowledged that that Project phases may be constructed in any order. The parties further acknowledge that development of the Property and the order in which proposed improvements are built are dependent on the availability of adequate funding, market conditions and the subjective judgment of ▇▇▇▇▇▇▇▇▇Developer. Developer will engage in a good faith effort to raise adequate funds. However, Developer is not obligated to build any improvements or any phase or portion thereof if adequate funding is not available or if market conditions are not satisfactory to Developer in its sole discretion; provided, however, that for any phase or portion thereof constructed, Developer shall be required to comply with any requirements imposed by City and accepted by Developer during the Building plan check process, as well as any associated infrastructure improvements required by this Agreement, the Prior Approvals and any Subsequent Approvals, as further detailed in sections 6.3(b) and 6.7. 6.2 In connection with development of the Property, ▇▇▇▇▇▇▇▇▇ Developer agrees to pay any and all applicable City development and processing fees at the rate and amount in effect at the time the fee is required to be paid. Developer further agrees that unless specifically exempted by this Agreement, it is subject to all fees imposed by City at the operative date of this Agreement and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties.