Common use of Development of the Project Site Clause in Contracts

Development of the Project Site. The City and Developer hereby agree that the Project consists of the design, development and construction of certain new facilities on the Project Site, including first-class luxury apartment buildings, Class A office buildings and a mixed-use retail and residential facility, including the TDD Improvements, the CID Improvements, ▇▇▇▇▇▇▇ Improvements and other improvements described in this Section 2.01 and as set forth on the Project Budget attached hereto and incorporated by reference herein as Exhibit H. Developer hereby contemplates that all buildings, infrastructure improvements, parking facilities (including both structured and surface parking) and other improvements constituting the Project, as set forth in this Section 2.01 and as set forth on Exhibit H (collectively, the "Improvements"), shall be developed, constructed, completed, and operated on the Project Site in substantial accordance and compliance with the terms and conditions of this Agreement and the Development Plan. On and subject to the terms and provisions set forth in this Agreement, Developer shall have the sole right to, and shall be responsible for, demolition, design, development, construction, equipment and completion of the Improvements, and shall operate and use the Improvements in the manner described herein, all in accordance with the terms of this Agreement and all other Applicable Laws and Requirements. Notwithstanding the prior sentence, the parties agree that the design and construction of the ▇▇▇▇▇▇▇ Improvements shall be governed by the terms of Article III of this Agreement and shall not be the sole right and responsibility of Developer. The parties further agree that, subject to any changes to the Development Plan, the "Project" shall include the following:

Appears in 2 contracts

Sources: Development Agreement, Development Agreement

Development of the Project Site. The City and Developer hereby agree that the Project consists of the design, development and construction improvement of certain new facilities on the Project Site, including first-class luxury apartment buildings, Class A office buildings and a mixed-use retail and residential facility, including the TDD Improvements, the CID Improvements, ▇▇▇▇▇▇▇ Improvements and other improvements described in this Section 2.01 and as set forth on the Project Budget plans attached hereto and incorporated by reference herein as Exhibit H. F. Developer hereby contemplates that all buildings, infrastructure improvements, parking facilities (including both structured and surface parking) and other improvements constituting the Project, as set forth in this Section 2.01 and as set forth on Exhibit H F (collectively, the "Improvements"), shall be developed, constructed, completed, and operated on the Project Site in substantial accordance and compliance with the terms and conditions of this Agreement and the Development Plan. On and subject to the terms and provisions set forth in this Agreement, Developer shall have the sole right to, and shall be responsible for, demolition, design, development, construction, equipment and completion of the Improvements, and shall operate and use the Improvements in the manner described herein, all in accordance with the terms of this Agreement and all other Applicable Laws and Requirements. Notwithstanding anything set forth herein to the prior sentencecontrary, the parties acknowledge and agree that the design and construction of the ▇▇▇▇▇▇▇ Improvements shall be governed by the terms of Article III of this Agreement and Developer shall not be required to construct any improvements that are not set forth in the sole right and responsibility of DeveloperDevelopment Plan. The parties further agree that, subject to notwithstanding any to changes to the Development PlanPlan approved by the City after the Effective Date hereof, the "Project" shall include at least the following:: Demolition of the Existing Storage Area. The demolition and removal of the Existing Storage Area.

Appears in 1 contract

Sources: 115th & Nall Development Agreement

Development of the Project Site. The City UG and Developer hereby agree that Developer shall have the right but not the obligation to develop the Project consists as described below. If and to the extent that the Closing Conditions set forth in Section 3.1 below are satisfied, Developer shall then be contractually obligated in this Agreement to construct and complete all of the design, development and construction components of certain new facilities the Project on the Project Site; provided, including first-class luxury apartment buildings, Class A office buildings and a mixed-use retail and residential facility, including the TDD Improvementshowever, the CID ImprovementsParties recognize and acknowledge that this is a creative reclamation project, ▇▇▇▇▇▇▇ Improvements and other improvements described that Developer and UG shall collaborate and cooperate, to the extent possible (and subject always to all Applicable Laws and Requirements [as defined in this Section 2.01 and as set forth Annex 1]), in order to provide for all Phases of the Project on the Project Budget attached hereto and incorporated Bridge, but that such Phases may change by reference herein as Exhibit H. mutual agreement of the Parties. Developer hereby contemplates that all the Project, including but not limited to the Trail and Trail Amenities, infrastructure, buildings, infrastructure improvements, parking facilities (including both structured and surface parking) and other improvements constituting the Project, as set forth described in this Section 2.01 2.2 and as set forth generally depicted on Exhibit H F attached hereto (collectively, the "Improvements"), shall be developed, constructed, completed, and operated on the Project Site in substantial accordance and compliance with the terms and conditions of this Agreement Agreement, including Section 2.2, and the final site plan approvals as may be granted by the UG's Planning Commission or other relevant bodies if any (the "Development Plan"). On and subject to the terms and provisions set forth in this Agreement, and subject always to the terms and conditions set forth in the Bridge Lease, the Management Agreement, and any condominium documents, Developer shall have the sole right to, and shall be responsible for, demolition, design, development, construction, equipment equipping and completion of the Improvements, and shall operate and use the Improvements in the manner described herein, all in accordance with the terms of this Agreement Section 2.2, all other documents and agreements contemplated by the Parties, as set forth in this Agreement, and all other Applicable Laws and Requirements. Notwithstanding the prior sentence, the parties agree that the design and construction of the ▇▇▇▇▇▇▇ Improvements shall be governed by the terms of Article III of this Agreement and shall not be the sole right and responsibility of Developer. The parties further agree that, subject to any changes to the Development Plan, that the "Project" shall include the following: (a) Trail: An approximately 700-foot steel and concrete deck for use as a public trail and/or crossing for pedestrian and dismounted bicycle use, and NOT for motorized vehicles (specifically, cars, trucks and motorcycles) (the "Trail") across the Bridge to connect the West Bottoms area of KCMO (on the east side of the Kansas River) to existing levee trails along the west side of the Kansas River and associated amenities as described in subsection (b) below. The Trail is to be designed to connect the Kaw Valley Trail along the Kansas River's western levee with the Riverfront Heritage Trail running between the historic Strawberry Hill neighborhood in the UG and Berkeley Park in KCMO. The Trail shall be located within the Public Use Unit and provide unimpeded access between the two sides of the Kansas River; provided, however, the exact location of the Trail may vary slightly within the Public Use Unit from time to time according to Bridge programming, as further set forth in the Management Agreement.

Appears in 1 contract

Sources: Cooperative and Development Agreement

Development of the Project Site. The City UG and Developer hereby agree that the Project consists of the design, development and construction of certain new facilities on the Project Site, including first-class luxury apartment buildings, Class A office buildings and a mixed-use retail and residential facility, including the TDD Improvements, the CID Improvements, ▇▇▇▇▇▇▇ Improvements and other improvements shall be as described in this Section 2.01 and as set forth on the Project Budget attached hereto and incorporated by reference herein as Exhibit H. below. Developer hereby contemplates that all buildings, infrastructure improvements, parking facilities (including both structured and surface parking) and other improvements constituting the Project, as set forth specifically described in this Section 2.01 and as set forth on Exhibit H 2.2 (collectively, the "Improvements"), shall be developed, constructed, completed, and operated on the Project Site in substantial accordance and compliance with the terms and conditions of this Agreement Section 2.2 and the final site plan approval from the UG's Planning Commission (the "Development Plan"). On and subject to the terms and provisions set forth in this Agreement, Developer shall have the sole right to, and shall be responsible for, demolition, design, development, construction, equipment and completion of the Improvements, and shall operate and use the Improvements in the manner described herein, all in accordance with the terms of this Agreement Section 2.2 and all other Applicable Laws and Requirements. Notwithstanding The parties further agree as follows: (a) The Project shall be designed, developed and constructed as a new Menards home improvements store and shall, at minimum, include the prior sentencefollowing Improvements: (i) a new Menards prototype building comprising approximately 209,000 square feet; (ii) an approximately 156,000 square foot outdoor sales area; and (iii) an accessory building on the westernmost part of the Project Site comprised of approximately 42,000 square feet of warehouse space. Developer shall also design, develop and construct sidewalks, entrances to the parties agree Project Site and any required signalization, pursuant to the Plans and Specifications (defined below in Section 5.2) and as set forth on Exhibit E. (b) Developer recognizes, stipulates and agrees that its signage shall be subject to all Applicable Laws and Requirements, and any special use permits granted by the design UG's Board of Commissioners. The UG hereby agrees that it will, to the extent possible, expedite consideration of Developer's proposed signage and cooperate with Developer to reasonably accommodate Developer's signage requirements. (c) The Project shall include parking improvements containing at least the number of spaces required by the Applicable Laws and Requirements, or in accordance with any variances obtained by Developer (the "Parking Improvements"). (d) Developer's plans for landscaping on the Project Site shall be considered in accordance with all Applicable Laws and Requirements and approval thereof by the UG will not be unreasonably withheld. (e) Developer's design, development and construction of the ▇▇▇▇▇▇▇ Improvements shall be governed by in all respects comply with the terms of Article III of this Agreement Plans and shall not be the sole right Specifications. (ii) full compliance with all Applicable Laws and responsibility of Developer. The parties further agree that, subject to any changes to the Development Plan, the "Project" shall include the following:Requirements.

Appears in 1 contract

Sources: Development Agreement

Development of the Project Site. The City UG and Developer hereby agree that the Project consists of the design, development and construction of certain new facilities on the Project Site, including first-class luxury apartment buildings, Class A office buildings and a mixed-use retail and residential facility, including the TDD Improvements, the CID Improvements, ▇▇▇▇▇▇▇ Improvements and other improvements shall be as described in this Section 2.01 and as set forth on the Project Budget attached hereto and incorporated by reference herein as Exhibit H. below. Developer hereby contemplates that all buildings, infrastructure improvements, parking facilities (including both structured and surface parking) and other improvements constituting the Project, as set forth specifically described in this Section 2.01 and as set forth on Exhibit H 2.2 (collectively, the "Improvements"), shall be developed, constructed, completed, and operated on the Project Site in substantial accordance and compliance with the terms and conditions of this Agreement Section 2.2 and the final site plan approval from the UG's Planning Commission (the "Development Plan"). On and subject to the terms and provisions set forth in this Agreement, Developer shall have the sole right to, and shall be responsible for, demolition, design, development, construction, equipment and completion of the Improvements, and shall operate and use the Improvements in the manner described herein, all in accordance with the terms of this Agreement Section 2.2 and all other Applicable Laws and Requirements. Notwithstanding The parties further agree as follows: (a) The Project shall be designed, developed and constructed as a new Menards home improvements store and shall, at minimum, include the prior sentence, following Improvements: (i) a new Menards prototype building comprising approximately 209,000 square feet; (ii) an approximately 156,000 square foot outdoor sales area; and (iii) an accessory building on the parties agree that the design and construction westernmost part of the Project Site comprised of approximately 42,000 square feet of warehouse space. Developer shall also design, develop and construct sidewalks, entrances to the Project Site and any required signalization, pursuant to the Plans and Specifications (defined below in Section 5.2) and as set forth on Exhibit E. (b) Developer recognizes, stipulates and agrees that its signage shall be subject to all Applicable Laws and Requirements, and any special use permits granted by the UG's Board of Commissioners. The UG hereby agrees that it will, to the extent possible, expedite consideration of ▇▇▇▇▇▇▇▇▇'s proposed signage and cooperate with Developer to reasonably accommodate Developer's signage requirements. (c) The Project shall include parking improvements containing at least the number of spaces required by the Applicable Laws and Requirements, or in accordance with any variances obtained by Developer (the "Parking Improvements"). (d) ▇▇▇▇▇▇▇▇▇'s plans for landscaping on the Project Site shall be considered in accordance with all Applicable Laws and Requirements and approval thereof by the UG will not be unreasonably withheld. (e) Developer's design, development and construction of the Improvements shall be governed by in all respects comply with the terms of Article III of this Agreement Plans and shall not be the sole right Specifications. (ii) full compliance with all Applicable Laws and responsibility of Developer. The parties further agree that, subject to any changes to the Development Plan, the "Project" shall include the following:Requirements.

Appears in 1 contract

Sources: Development Agreement