Common use of SUPERIOR DEVELOPMENT; DEVELOPMENT RIGHTS Clause in Contracts

SUPERIOR DEVELOPMENT; DEVELOPMENT RIGHTS. Section 5.01 Development in Accordance with Land Plan and PUD. The City hereby confirms its approval of the Land Plan, including the land uses and densities shown on the Land Plan. The Land Plan will be effective until such time as the City has approved the PUD, which approval will be subject to the terms of the City Code and this Agreement and will be within the City’s sole discretion, at which time the PUD will supersede and replace the Land Plan. Approval of the Land Plan does not constitute approval of the subdivision design for the PUD. Modifications to the subdivision design may be required to qualify for PUD zoning. Due to the fact that the Project includes a significant land area and its development will occur in phases over a number of years, the City and the Developer acknowledge that changes to the Land Plan may become desirable due to changes in market conditions or other factors. Variations of a preliminary plat or final plat from the Land Plan that do not increase the overall density of development of the Project will not require an amendment to the Land Plan. Although the Land Plan covers the entire Project, revisions of the Land Plan that only affect the land within one of the districts within the Project will only require the consent of the affected district. Similarly, minor changes to street alignments, lot line locations, or lot sizes that do not result in an increase in the total number of lots within the Project will not require an amendment to the Land Plan. Changes to the location of Civic Uses may be approved administratively by the PDRD Director. Changes to the location of school sites will require the prior approval of the Del ▇▇▇▇▇ Independent School District. Other changes to the Land Plan

SUPERIOR DEVELOPMENT; DEVELOPMENT RIGHTS. Section 5.01 Development in Accordance with Land Plan and PUD. The City hereby confirms its approval of the Land Plan, including the land uses and densities shown on the Land Plan. The Land Plan will be effective until such time as the City has approved the PUD, which approval will be subject to the terms of the City Code and this Agreement and will be within the City’s sole discretion, at which time the PUD will supersede and replace the Land Plan. Approval of the Land Plan does not constitute approval of the subdivision design for the PUD. Modifications to the subdivision design may be required to qualify for PUD zoning. Due to the fact that the Project includes a significant land area and its development will occur in phases over a number of years, the City and the Developer acknowledge that changes to the Land Plan may become desirable due to changes in market conditions or other factors. Variations of a preliminary plat or final plat from the Land Plan that do not increase the overall density of development of the Project will not require an amendment to the Land Plan. Although the Land Plan covers the entire Project, revisions of the Land Plan that only affect the land within one of the districts within the Project will only require the consent of the affected district. Similarly, minor changes to street alignments, lot line locations, or lot sizes that do not result in an increase in the total number of lots within the Project will not require an amendment to the Land Plan. Changes to the location of Civic Uses civic uses may be approved administratively by the PDRD Directoradministratively. Changes to the School location of school sites will changes require the prior approval of the Del ▇▇▇▇▇ Independent School District. Other changes to the Land PlanPlan and all changes to the PUD will be subject to review and approval by the City in accordance with the process set forth in the City Code, which approval will not be unreasonably withheld, conditioned or delayed.