Development Agreement and Special Use Permit Clause Samples

Development Agreement and Special Use Permit. 1. It is the intent of the Parties that both this Agreement and 2013 SUP for Area F are required to be in full force and effect concurrently and that neither this Agreement nor the 2013 SUP for Area F shall have any effect in the absence of the other. Further, it is the intent of the Parties that the 2013 SUP for Area F and the 2013 Development Agreement for Area F are required to be in effect only if the 2013 SUP and 2013 Development Agreement are in effect; however, the 2013 Development Agreement and the 2013 SUP may remain effective even if this Agreement and the 2013 SUP for Area F are not in effect. If notice terminating this Agreement is delivered pursuant to the Settlement Agreement, then this Agreement shall be terminated and of no further force and effect, except as provided in Section 3(B)(4) below. 2. If a claim is filed by an owner of Area F other than MTS Land for just compensation for diminution in value under the provisions of A.R.S. §§ 12-1134 through 12- 1136 inclusive, as amended (“Prop. 207”), relating to this Agreement or the 2013 SUP for Area F (a “Prop. 207 Claim”), then the Town shall give notice to MTS Land within five (5) business days after receipt of the Prop. 207 Claim. For a period of thirty (30) days, starting on the date that the Town gives notice to MTS Land of Town’s receipt of a Prop. 207 Claim, the Town will hold in abeyance any action allowed pursuant to ARS §12-1134(E) to repeal the 2013 SUP for Area F. During the thirty (30) day period MTS Land, in its sole discretion, may elect by written notice to the Town to indemnify and defend the Town from and against all actual costs and damages incurred by the Town arising from (a) the amount of just compensation for the Prop. 207 Claim and (b) reasonable attorneys’ fees, experts’ fees, and court costs associated with the Prop. 207 Claim. During the time that MTS Land is providing such defense against a Prop. 207 Claim the Town will hold in abeyance any action to repeal the 2013 SUP for Area F,. If MTS Land fails to give notice within the thirty (30) day period, MTS Land shall be deemed to have not to elected the option to indemnify and defend the Town and the Town will no longer have to hold in abeyance its choice under ARS §12-1134(E) to either repeal the SUP for Area F or defend against the Prop. 207 Claim in any manner the Town deems reasonable at its own expense. If MTS Land elects the option to indemnify and defend the Town, MTS Land shall defend the Town against the Prop...
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Development Agreement and Special Use Permit. 1. Subject to the Settlement Agreement, and upon execution and recordation of this Agreement, execution and delivery of the Settlement Agreement, and the concurrent approval of the 2013 SUP by the Town Council, the 1992 Development Agreement (as originally drafted and approved) shall be deemed terminated and of no further force and effect as of the Effective Date and the 1992 Development Agreement shall be amended and restated in its entirety as provided in this Agreement. 2. Notwithstanding the foregoing, and further notwithstanding the amendment and restatement of the 1992 Development Agreement, nothing in this Agreement shall be deemed to effect or invalidate the Annexation. 3. It is the intent of the Parties that both this Agreement and 2013 SUP are required to be in full force and effect concurrently, and that neither this Agreement nor the 2013 SUP shall have any effect in the absence of the other. 4. If notice terminating this Agreement is delivered pursuant to the Settlement Agreement, then this Agreement shall be terminated and of no further force and effect. 5. As conditions precedent to the obligations of the Town arising in or out of this Agreement, it will be necessary for MTS Land/Golf, at its sole cost and expense, to obtain (i) Bankruptcy Court Approval, (ii) any and all consents or approvals required by or from any lender to MTS Land or MTS Golf which has a security interest in the Property, including the Senior Liens, under the terms of any contract or loan agreements between such parties, unless otherwise ordered in a final unappealable judgment by a court of competent jurisdiction (which can be through a plan confirmation order, for which the Effective Date has occurred, and no stay has been timely issued, despite appeal), and (iii) subordinations from any lender to MTS Land or MTS Golf (or other person or entity) that has any security or similar interest in or to any portion of the Property, including the Senior Liens, (in forms reasonably satisfactory to the Town), or a court order accompanying such subordination, or a final unappealable judgment of a court of competent jurisdiction (which can be through a plan confirmation order, for which the Effective Date has occurred, and no stay has been timely issued, despite appeal) of their interests in the Property. MTS Land/Golf shall promptly use its commercially reasonable efforts to request Bankruptcy Court Approval and the lenders’ consents (or in lieu of such consent a court order) des...
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Related to Development Agreement and Special Use Permit

  • Development Agreement As soon as reasonably practicable following the ISO’s selection of a transmission Short-Term Reliability Process Solution, the ISO shall tender to the Developer that proposed the selected transmission Short-Term Reliability Process Solution a draft Development Agreement, with draft appendices completed by the ISO to the extent practicable, for review and completion by the Developer. The draft Development Agreement shall be in the form of the ISO’s Commission-approved Development Agreement for its Reliability Planning Process, which is in Appendix C in Section 31.7 of Attachment Y of the ISO OATT, as amended by the ISO to reflect the Short-Term Reliability Process. The ISO and the Developer shall finalize the Development Agreement and appendices as soon as reasonably practicable after the ISO’s tendering of the draft Development Agreement. For purposes of finalizing the Development Agreement, the ISO and Developer shall develop the description and dates for the milestones necessary to develop and construct the selected project by the required in-service date identified in the STAR or Generator Deactivation Assessment, including the milestones for obtaining all necessary authorizations. Any milestone that requires action by a Connecting Transmission Owner or Affected System Operator identified pursuant to Attachment P of the ISO OATT to complete must be included as an Advisory Milestone, as that term is defined in the Development Agreement. If the ISO or the Developer determines that negotiations are at an impasse, the ISO may file the Development Agreement in unexecuted form with the Commission on its own, or following the Developer’s request in writing that the agreement be filed unexecuted. If the Development Agreement is executed by both parties, the ISO shall file the agreement with the Commission for its acceptance within ten (10) Business Days after the execution of the Development Agreement by both parties. If the Developer requests that the Development Agreement be filed unexecuted, the ISO shall file the agreement at the Commission within ten (10) Business Days of receipt of the request from the Developer. The ISO will draft, to the extent practicable, the portions of the Development Agreement and appendices that are in dispute and will provide an explanation to the Commission of any matters as to which the parties disagree. The Developer will provide in a separate filing any comments that it has on the unexecuted agreement, including any alternative positions it may have with respect to the disputed provisions. Upon the ISO’s and the Developer’s execution of the Development Agreement or the ISO’s filing of an unexecuted Development Agreement with the Commission, the ISO and the Developer shall perform their respective obligations in accordance with the terms of the Development Agreement that are not in dispute, subject to modification by the Commission. The Connecting Transmission Owner(s) and Affected System Operator(s) that are identified in Attachment P of the ISO OATT in connection with the selected transmission Short-Term Reliability Process Solution shall act in good faith in timely performing their obligations that are required for the Developer to satisfy its obligations under the Development Agreement.

  • Approval of Plans and Specifications The Plans and Specifications will conform to the requirements and conditions set out by applicable law or any effective restrictive covenant, and to all governmental authorities which exercise jurisdiction over the Leased Premises or the construction thereon.

  • Plans and Specifications After Landlord receives and approves Tenant’s Space Plan as provided above, Tenant will cause Tenant’s Architect to prepare the Plans and Specifications for the Tenant Improvements. Landlord will approve or disapprove (specifically describing any reasons for disapproval) the Plans and Specifications in writing within ten (10) Business Days after receiving them. If Landlord disapproves the Plans and Specifications, Tenant will provide appropriately revised Plans and Specifications to Landlord for approval (or disapproval) within five (5) Business Days on the same basis as set forth above. After Landlord’s approval, Tenant will submit the Plans and Specifications for permits and construction bids. No deviation from the Building Standard will be permitted in the Space Plan or the Plans and Specifications, provided reasonable deviations with respect to the ceiling, lighting, painting, flooring and wall covering may be permitted with Landlord’s approval. Landlord will not approve any deviations which Landlord believes (a) do not conform to applicable codes, ordinances and other Laws or are disapproved by any governmental agency, (b) require services beyond the level normally provided to other tenants in the Building, or (c) are of a nature or quality that are inconsistent with Landlord’s overall plan or objectives for the Building. No approval by Landlord of any deviation constitutes an acknowledgment by Landlord that such deviations are in conformance with applicable codes, ordinances and other Laws. In the event that Landlord’s approval shall be required in this Tenant Improvements Agreement, then notwithstanding anything to the contrary set forth in the Lease, Landlord’s approval shall not be unreasonably withheld, conditioned, or delayed.