Right to Develop. The Owner shall, subject to the terms of this Agreement, have a vested right, but not the obligation, to develop the Property with a medical marijuana cultivation facility, to include manufacturing, testing, and distribution, to the extent contemplated by the, Development Approvals pursuant to DHSMC Chapters 17.180 Medical Marijuana Facilities Operation and Location, 3.35 Medical Marijuana Cultivation Tax, and 5.50 Medical Marijuana Facilities Regulatory Permit and all applicable state laws, rules, and regulations in accordance with and to the extent of the Development Plan, subject to the Reservations of Authority. The Property shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. In addition, if marijuana cultivation processing, manufacture, distribution, testing, and sale of nonmedical marijuana/ marijuana for recreational uses is legalized or decriminalized in California, Owner shall be allowed to cultivate, and to the extent contemplated by the, Development Approvals, allowed to process, manufacture, distribute, and test marijuana, for recreational uses. Except as otherwise provided in this Section 4.1, the permitted uses of the Property, the density and intensity of use, the lot area standards, the maximum height and size of proposed buildings, and provisions for reservation and Dedication of land for public purposes and other terms and conditions of Development applicable to the Property shall be those set forth in the Development Approvals.
Appears in 3 contracts
Sources: Development Agreement, Development Agreement, Development Agreement