Development Phasing Clause Samples
Development Phasing. Development of the Property shall proceed in accordance with a detailed, City-approved phasing plan as established in an executed and recorded subdivision agreement in conjunction with each subdivision and PUD request. Any phasing plan shall be acceptable to and approved by the City. The phasing plan shall establish acceptable completion schedules (including deadlines within which specified public improvements serving the Property must be completed and receive construction acceptance by the City) in order for the Owner to receive building permits, certificates of occupancy or other approvals or notices to proceed in order to build, develop or occupy portions of the development. The completion of each phase of development of the Property, including completion of public and private improvements, shall occur in accordance with the completion schedules and deadlines set forth in the approved phasing plan, or City approved modifications thereof. Requests for modifications shall be submitted to the City and the City Manager may either approve the modification or refer the modification for consideration by the City Council, at the City Manager’s discretion. The Owner specifically agrees that a detailed phasing plan shall be submitted to and receive City approval prior to commencement of any development activities (excepting only overlot grading and work on existing private utilities or irrigation facilities owned by third parties) or construction of any structure upon any portion of the Property. Without limiting the foregoing, the Owner agrees that the full width of Campus Drive from ▇▇▇▇ ▇▇▇▇▇▇ to 96th Street, including, without limitation, all roadway improvements and associated landscaping, medians, bikeways, signage and other improvements, shall be completed and receive construction acceptance as part of the first phase of improvements and by the deadlines established in the subdivision agreement which shall accompany the first final subdivision plat for the Property.
Development Phasing. This Amended Agreement balances the development of resort accommodations with the comfortable carrying capacity of the Resort by requiring that development generally begin in the Resort Core and move outward.
Development Phasing. The anticipated build-out of the Waterfront District is described in the table below. Development Area 2012 Existing Development Building Square Footage: New/ Cumulative ▇▇▇▇▇ ▇ ▇▇▇▇▇ ▇ ▇▇▇▇▇ ▇ ▇▇▇▇▇ ▇ ▇▇▇▇▇ 5 Cumulative Total Sq ft 570,500 1,120,500 1,670,500 2,320,500 3,120,500 5,300,000
Development Phasing. The City is in the process of designing the Flood Mitigation Project (“Project”) for South Boulder Creek. Until the City obtains the approvals for the Project listed in Section 36.b. below, the only facilities constructed by the University will be for Parks and Recreation Uses, temporary access roads, parking, and renewable/alternative energy systems on the Property.
Development Phasing. Development of the Project should proceed in logical phases, described in Section 3.2, generally beginning with the Resort Core and working outward toward the edges.
a) Standard. ASCRP and ASCU will develop Project Sites within the Canyons SPA in accordance with the Phasing requirements established in Section 3.2 of this Amended Agreement.
Development Phasing. Notwithstanding anything to the contrary in the MLDA or this Covenant, and subject to the MLDA, US2 hereby agrees and covenants to the following additional requirements: neither US2 nor any Parcel Developer (as defined in the MLDA) will commence construction of any residential buildings on any Disposition Parcel except (i) the Project and (ii) the ▇▇▇▇▇▇ Block (as defined in the MLDA) if the ▇▇▇▇▇▇ Block (or a portion thereof) will provide a portion of the affordable housing component of the Project, until after US2 or a Parcel Developer has completed construction of the office/lab phase of the Project and commenced construction on another commercial building on another Disposition Parcel that is not a parcel described on Schedule 1 to the MLDA as “Parcel “NEW” – ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇,” “Parcel S - 237 Washington Street,” “Parcel BB - ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇,” and “Parcel H – ▇▇-▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇.” Each Parcel Developer shall agree and covenant to diligently and continuously prosecute all of its construction contemplated herein.
(a) Neighborhood Park and Civic Space.
(b) Following completion of all development proposed for Parcels D1 and D2 and the Civic Spaces to be provided on said parcels pursuant to the USOD Zoning, US2 shall convey such Civic Spaces (together with all improvements thereon and an assignment of all construction and equipment warranties, to the extent assignable) in fee to the City at no cost to the City subject to reserved easements for the following purposes on such terms and conditions to be mutually agreed upon by the parties in writing: (1) maintenance and repair by US2 or its designee of such Civic Spaces, (2) control by US2 or its designee over programming within such Civic Spaces, subject to receipt of any applicable licenses or permits, and (3) provision of seating and outdoor space accessory to adjacent retail uses as determined by US2 or its designee, subject to receipt of any applicable licenses or permits.
Development Phasing. The Property in intended to be developed in a single phase as it relates to the extension of public improvements to serve the overall Property.
Development Phasing. No Subsequent Rule enacted prior to the expiration of the Initial Term which purports to limit the rate of Development over time or to govern the sequence of Development of the Project shall apply to the Property, except when the CITY enacts a moratorium pursuant to Government Code section 8558 pursuant to a declaration of a local emergency or a state of emergency which suspends development rights, and the moratorium encompasses the Property or the Project, and the basis for enactment of the moratorium otherwise complies with the provisions of Section 4.7. After expiration of the Initial Term, a Subsequent Rule which purports to limit the rate of Development over time or to govern the sequence of Development of the Project shall only apply to the Property as provided in Section 4.7.
Development Phasing. The Project shall be developed in a single continuous development phase, except for the Villas, Casitas and Hospitality Suites (“For-Sale Units”) that will be developed as they are sold. With respect to the For-Sale Units:
(a) One or more subdivision applications must be filed with the City to subdivide for private sale the Villas, Casitas, Hospitality Suites and other portions of the Project that may be separately sold or financed. Currently a Preliminary Plan has been filed and approved for the Villas as originally proposed on the Site Plan included with the original Presentation Materials. Since the proposed Site Plan is now different, an Amended Preliminary Plan must be submitted to and approved by the City for the Villas. Owner may choose to file separate subdivision applications for the Casitas and Hospitality Suites or include these types of For- Sale Units on the Villas Amended Preliminary Plan.
(b) No Certificates of Occupancy for For-Sale Units (other than the Villa on Lot 13 and the Hospitality Suite on Lot 19, which are already constructed) will be issued by the City prior to the issuance of a building permit and commencement of construction on the Hotel Central.
(c) No more than 15 Certificates of Occupancy will be issued by the City for For-Sale Units prior to the completion of a restaurant, lobby, fitness center, trail gathering area, loading dock and support space of Hotel Central. The parties acknowledge that it may be appropriate to modify the foregoing plan for the phasing of For-Sale Units to accommodate market demand, financing availability or requirements, or other changes in facts and circumstances; provided, however, any modification of the phasing plan shall require the approval of the City Council.
Development Phasing. Developer shall commence and complete construction of the Project and shall satisfy all other obligations of Developer under this Agreement within the time periods set forth in Exhibit E, as such time periods may be extended upon the mutual written consent of the Parties and documented in a revised Exhibit E, which may be approved administratively by the Agency Executive Director or his or her designee. In particular, Developer shall diligently prosecute the Project as set forth below. Except as otherwise set forth herein, if Developer fails to commence or complete construction of the Project in accordance with the foregoing, Agency shall have the right, at its option, to terminate this Agreement. Termination of this Agreement by Agency shall not affect the right of Developer to receive any amounts addressed in this Agreement related to improvements the construction of which has occurred or commenced.
(a) A grocery store space shall be completed as part of the allotted retail space and be completed as part of the first phase of construction, as set forth in Exhibit E. Said grocery store space shall be between 30,000 and 45,000 square feet (including approved mezzanine space), but may be reduced to a 15,000 square foot minimum sized space for specific Agency approved grocery tenants that, in the reasonable determination of the Agency Executive Director, meet or promote the development goals for the Project Area. Developer and Agency shall work together to find a grocery store operator reasonably acceptable to Agency and Developer, to which Developer shall lease, sell or otherwise convey the grocery store space.
(b) Regardless of how overall construction of the Project is phased, the following four (4) buildings, as set forth in Exhibit E, shall be completed by August 3, 2020, as such date may be extended by force majeure events as set forth in Section 11.2 of this Agreement: (a) Building 1 on Lot 1; (b) Building 3 on Lot 3; (c) Building 2 on Lot 2; and Building 4 on Lot 4.