Common use of Development Permits Clause in Contracts

Development Permits. (a) Despite the terms of Article 5.9, in the event a development permit has been issued for a development within, or in close proximity to, the Development Lands, where: (i) the development permit requires the removal of a portion of a Municipal Improvement; and (ii) the Municipal Improvement has not transferred to the City as outlined in Article 5.9; the Owners agree to allow the City, or its designate, to remove a portion of the Municipal Improvement in order to fulfill the obligations of the development permit. (b) Where the City, or its designate, has removed a portion of the Municipal Improvement in accordance with this Article, the Owners shall not be required to submit Redlines to the Engineer to reflect the removal of the portion of the Municipal Improvement, and the Warranty Period for that portion of the Municipal Improvement shall be terminated. (c) Despite the terms of Article 5.21(b), the Owners agree to document the removal or missing portion of the Municipal Improvement on the as-built drawings.

Appears in 3 contracts

Sources: Servicing Agreement, Servicing Agreement, Servicing Agreement