Common use of Distribution of responsibilities Clause in Contracts

Distribution of responsibilities. The following are broad guidelines detailing the anticipated responsibilities of each party, which may be changed by written agreement between the parties: a) This MOA is expressly conditioned on land development approvals for the construction of legally-binding, affordable units on a portion of the Property, and acknowledges those units will comply with County development and affordability standards; b) The Project Sponsors acknowledge that the proposed project will require the Property to be rezoned and subdivided and that the County, as the real property owner, reserves the discretion to approve or disapprove the proposed subdivision of the Property; c) The Project Sponsors agree to ensure project delivery including satisfying the Town entitlement requirements as defined by the Town development review process and meeting with the Town as necessary throughout the development review process; d) The Project Sponsors agree to include a mixture of neighborhood-serving uses that considers commercial retail, commercial office, hospitality, public space, and other entertainment use-types in accordance with the Town’s zoning ordinances; and e) The Project Sponsors agree to refrain from any site improvement activity or execute any financial transactions related to site improvement until an environmental review process, as required by the U.S. Department of Housing and Urban Development (HUD), has been completed or determined unnecessary by the County for the site. a) Serve as the lead agency for all project development plans associated with the proposed affordable housing development and timely submit any updated plans to the County and Town for review. b) Separately negotiate a land sale agreement with the County for the portion of the Property requested to be subdivided and conveyed for affordable housing development. c) Submit financial documentation to the County ensuring the project adheres to eligibility requirements outlined in the County programs, including the County Affordable Housing Development Program (AHDP).

Distribution of responsibilities. The following are broad guidelines detailing the anticipated responsibilities of each party, which may be changed by written agreement between the consensus of the parties: a) This MOA is expressly conditioned on land development approvals for The Project Sponsors shall include the construction of legally-binding, affordable units with a mixture of unit types on a portion of the Propertysite, and acknowledges those units will comply with County development and affordability standards;; this MOA is expressly conditioned on development of said affordable units at the forefront of the development project. b) The Project Sponsors acknowledge that the proposed project will may require the Property property to be rezoned and subdivided and that the County, as the real property owner, reserves the discretion to approve or disapprove the proposed subdivision of the Property;subdivided. c) The Project Sponsors agree to ensure project delivery including satisfying the Town entitlement requirements as defined by the Town development review process and meeting with the Town as necessary throughout to meet the development review process;requirements. d) The Project Sponsors agree to select a development partner to develop the commercial components of the Property. e) The Project Sponsors agree to include a mixture of neighborhood-serving uses that considers commercial retail, commercial office, hospitality, public space, and other entertainment use-types in accordance with the Town’s zoning ordinances; and. ef) The Project Sponsors agree to refrain from any site improvement activity or execute any financial transactions related to site improvement until an environmental review process, as required by the U.S. Department of Housing and Urban Development (HUD), has been completed or determined unnecessary by the County for the site. a) Serve as the lead agency for all project development plans associated with the proposed affordable housing development and timely submit any updated plans to the County and Town for review. b) Separately negotiate a land sale agreement will work with the County regarding financing for the portion residential component of the Property requested to be subdivided development and conveyed for affordable housing development. c) Submit financial documentation to the County ensuring will ensure the project is submitted for consideration and adheres to eligibility requirements outlined in the County programs, including the County Affordable Housing Development Program (AHDP)) the Project Sponsors will negotiate with the County to confirm a sell price. g) The County recognizes the proposed $1 million offer for the 11.4 Acres of the site for commercial development. a) The Parties acknowledge that the proposed project will require the property to be rezoned and the Town commits to working with the Project Sponsors to achieve entitlement milestones in pursuit of the satisfaction of all named parties. The Parties understand that the Town cannot guarantee any results of the legislative process of rezoning the Property, and nothing herein legally binds the Town to rezone the Property to any particular use. b) The Town acknowledges that the proposed project will require the property to be subdivided. The Town will work with the Project Sponsors and the County to submit development petitions for the subdivided portions of the Property are developed as originally intended in RFP #20-006. The Parties understand that the Town cannot guarantee any particular result of the subdivision process. c) The Town acknowledges that the proposed project will require a Special Exception Use and/or a Development Plan and will work with the Project Sponsors to progress proposal through the Town entitlement process, and the Parties understand that the Town cannot guarantee any particular result of the Special Exception Use process. d) The Town acknowledges the importance of the time between acceptance of proposal to Town Council action and will work with the Project Sponsors in creating an appropriate review schedule. e) The Town will consider requests from the Project Sponsors on fee waivers, expedited entitlement processes, and/or contributions to the development. f) The Town will work with developers through scoping meeting, rezoning, subdivision, development (site plan) review, detail construction/civil reviews, and building permits. g) The Town acknowledges changes to the commercial office square footage in the proposal may occur and understands that the estimated numbers of jobs created will remain the same. a) The County will ensure the Process meets all applicable requirements of Wake County RFP #20-006 b) The County will draft, review and negotiate a contract to purchase and related legal agreements for the proposed development of the Property, subject to approval by the Wake County Board of Commissioners and terms and conditions approved by the County Attorney c) The County will ensure the conveyance meets regulatory standards, public purpose requirements, and disposition priorities d) The County will not close on the sale of the property until such entitlement, funding and other conditions as agreed upon by all respective parties are satisfied e) The County acknowledges that the proposed project will require the property to be subdivided f) The County agrees to work with the Town regarding the timeline of the process g) The Project Sponsors will negotiate with the County to confirm a sell price. The County recognizes the proposed $1 million offer for the 11.4 Acres of the site for commercial development h) The County acknowledges changes to the commercial office square footage in the proposal may occur and understands that the estimated numbers of jobs created will remain the same i) Upon mutual execution of this MOA the County will permit the Project Sponsors (and their respective engineers, architects, surveyors, and supporting consultants) physical access to the Property for the express purposes of performing due diligence related activities. j) The County agrees to cooperate with the Project Sponsors in submissions and authorizations needed for the rezoning and subdivision of the Property and other actions customary of a Property owner. For the avoidance of doubt, the Project Sponsors remain responsible for the costs associated with the rezoning and Property subdivision. Responsibility for land ownership, management, maintenance and services shall be determined prior to recommendation for disposition to Wake County Board of Commissioners.