Development of the Site Sample Clauses
Development of the Site. 1.1 The Owner agrees to develop the Enterprise Project Site in compliance with the Use Regulation Schedule, §222-8 of the Zoning By-Law for the EZ District in effect as of the Effective Date of this Agreement; provided that, notwithstanding anything contained in the Zoning By-Law, the maximum ground floor area for the Enterprise Project Site shall not exceed 2,450,000 square feet, and the maximum impermeable coverage for the Enterprise Project Site shall not exceed square feet .
1.2 The Owner agrees that the Enterprise Project Site shall be developed with the setbacks set forth in Exhibit . [Add new Exhibit, to be prepared by Capital Group, showing permissible building envelope for site].
1.4 The Owner acknowledges that any modifications to the Concept Plan are subject to review by the Planning Board during site plan review for consistency with the Concept Plan pursuant to §223-63.B of the Zoning Bylaw. Planning Board review pursuant to §223-63.B is a matter of zoning, and is outside the scope of the this Memorandum of Agreement. substantially a minimum of 1,600,000 square feet of building floor area of substantially
1.6 Subject to the terms of this Agreement generally, the specific use restrictions set forth in Section 7.1 below, and final Town Meeting and Attorney General Approval of the Zoning Amendments contemplated herein, the Owner agrees not to develop, apply for, permit, or construct any different or additional uses on the Property, except as provided for in Section 1.1. In addition, , but only in the event that Owner obtains all other local, state or Federal approvals, orders or permits required to substantially construct the Enterprise Project, Owner acknowledges that this restriction expressly prohibits all residential development on the Enterprise Project Site whether pursuant to the Town’s Zoning By-Law, M.G.L. c.40B, §§20-23 and 760 CMR 56.00, or otherwise. If for any reason the Enterprise Project is not substantially permitted as aforesaid (meaning and intending to mean that unless all permits necessary for Owner to commence site development and install infrastructure improvements, construct and occupy a minimum of 1,600,000 square feet of building floor area of the buildings in the Enterprise Project as proposed in the Concept Plan, are issued and valid) the Enterprise Project shall be deemed “not substantially permitted,” the Parties acknowledge and agree that the all restrictions contained herein shall be deemed null and void and without ...
Development of the Site. 2.1 Development of the SITE shall conform to the MUNICIPALITY’S Town Planning Scheme for use as set out in Clause 4 of this Annexure.
Development of the Site. SECTION 301.
Development of the Site. 1.1 The Owner agrees to develop the Enterprise Project Site in compliance with the Use Regulation Schedule, §222-8 of the Zoning By-Law for the EZ District in effect as of the Effective Date of this Agreement, with a maximum ground floor area of 2,450,000 square feet, together with associated parking, access, site circulation, and infrastructure in a manner reasonably consistent the Conceptual Layout Plan attached hereto as Exhibit G. It is specifically understood and agreed that the depicted layout is conceptual only, is not binding on Owner and is subject to Owner’s reasonable and/or necessary revision and reconfiguration in Owner’s sole discretion, so as to allow Owner to address field, market or other conditions existing at the time of site permitting.
1.2 Subject to the terms of this Agreement generally, the specific use restrictions set forth in Section 7.1 below, and final Town Meeting and Attorney General Approval of the Zoning Amendments contemplated herein, the Owner agrees not to develop, apply for, permit, or construct any different or additional uses on the Property, except as provided for in Section 1.1 immediately above. In addition, and without limiting the foregoing, but only in the event that Owner obtains all other local, state or Federal approvals, orders or permits required to construct the Enterprise Project, Owner acknowledges that this restriction expressly prohibits all residential development on the Enterprise Project Site whether pursuant to the Town’s Zoning By-Law, M.G.L. c.40B, §§20-23 and 760 CMR 56.00, or otherwise. If for any reason the Enterprise Project is not fully permitted as aforesaid, the Parties acknowledge that the all restrictions contained herein shall be deemed null and void and without legal recourse, such that Owner may develop and use, and or continue to develop and use the Property as allowed by applicable law then if effect. Additionally, the parties specifically understand and agree that in the event the uses in the Enterprise Project allowed by operation of this Agreement, or other material terms of the EZ District Use or Dimensional requirements of the Lancaster Zoning Bylaw are enacted, amended or changed from those in effect on the Effective Date, or any other local regulation, Bylaw or ordinance which materially impact the Owner’s Projects, is or are enacted, amended or changed from those in effect on the Effective Date prior to Owner formally applying for any such approval, order or permit required f...
Development of the Site. [301] Development of the Site by the Redeveloper 12
Development of the Site. 1.1 The Owner agrees to develop the Enterprise Project Site in compliance with the Use Regulation Schedule, §222-8 of the Zoning By-Law for the EZ District in effect as of the Effective Date of this Agreement, with a maximum ground floor area of 2,450,000 square feet, and maximum impermeable coverage not to exceed ______________ square feet with associated parking, access, site circulation, and infrastructure, all exclusively as shown on the Concept Plan in a manner reasonably consistent with the Conceptual Layout Plan attached hereto as Exhibit G (the “Concept Plan”).
1.2 Owner may make minor modifications to the layout or arrangement of the buildings, parking, access, or infrastructure shown on the Concept Plan after providing written notice to the Select Board containing a detailed description of such minor modifications. For purposes of this section “minor change” shall mean any change of building and associated infrastructure and facilities size, location, access or site orientation which does not increase the total maximum ground floor area or the total number of parking spaces for the entire Enterprise Project and which does not otherwise adversely impact abutting property owners. Any such modifications deemed substantial by the Select Board within thirty (30) days after receipt of notice from the Owner shall require review and approval of the Select Board as provided in Section 1.3, below. The Select Board shall report its classification of any Concept Plan modification as “minor” or “substantial” to the Planning Board wihin five (5) days of such determination, together with a written endorsement, explanation and recommendation that such classification determination be adopted by the Planning Board.
1.3 Any substantial changes to the Concept Plan shall require the review and approval of the Select Board.
1.4 In addition to the provisions of Section 1.2 and 1.3 above, It is specifically understood and agreed that the depicted layout is conceptual only and is subject to Owner’s reasonable and/or necessary revision, in Owner’s sole discretion, so as to allow Owner to address field, market and other conditions existing at the time of site permitting. any Determination of whether layout modifications to the Concept Plan are subject to review by the Planning Board during site plan review for consistency with the are reasonably consistent with the Concept Plan pursuant to §223-63.B of the Zoning Bylaw. Planning Board review pursuant to §223-63.B is a matt...
Development of the Site. 8.3.1 For the purpose of this provision, the term “Site” and “Development” have the same meaning as defined under Clause 2.2.
8.3.2 As of the date of the signature of the Agreement and during the whole duration of the Lease, the Landlord undertakes to ensure that: - the Development of the Site will not preclude the Tenant from conducting its contemplated activities; - the Development of the Site will not preclude the Tenant from transforming the Premises into office space as set out under Clause 7.4.
8.3.3 Should the Site Development, as set out here above or under Clause 2.2, cause a reduction of the value of the Site or the Premises or the interest of the Tenant in relation with the Site as set out in the PDD, the Rent shall be reduced in a measure appropriate in respect to the prejudice suffered by the Tenant.
Development of the Site. The Developer agrees to construct the Improvements on the Site in accordance with all applicable Development Approvals and the Construction Plans for development approved by the City and the Agency and in accordance with the Schedule of Performance, it being agreed that construction of the Improvements in a timely manner is of the essence of this Agreement in view of the need for the Improvements within the City and the increased tax revenue receivable by the Agency from the Improvements. The Developer shall also comply with the requirements of the City's General Plan, the Redevelopment Plan and FORA's Land Use Plan. Standard City required financial performance bonds or letters of credit shall be supplied for all public works or improvements in City rights of way. Until sale of the final Residential Unit, the Developer shall provide the Agency with quarterly reports on indicating the number of Residential Units sold each quarter.
Development of the Site. For the purpose of this provision, the term “Site” means, the parcel n° 179 and any other adjacent parcels currently or that may in the future be owned by the Landlord or any other entities of the Nemaco group. The term “
Development of the Site. At the time of the Effective Date, the Site consists entirely of undeveloped real property. The total improvements upon the Site shall total approximately 400,000 square feet and completion shall occur in phases. The first phase shall include approximately 100,000 square feet of permanent, real property improvements, that include a facility suitable for a Cannabis Dispensary (the “First Phase”). Construction on the First Phase shall begin within twelve (12) months from the Effective Date. The remaining 300,000 square feet shall be completed within twenty- four (24) months from the Effective Date (“Second Phase”). The First Phase and Second Phase shall each require and be subject to a Conditional Use Permit and all Subsequent City Approvals.