Vested Right to Develop Clause Samples

Vested Right to Develop. In accordance with Section 2.1, Developer shall have the vested right to develop and use the Project consistent with this Agreement, the Conditional Use Permit, and Subsequent City Approvals.

Vested Right to Develop. It is agreed that the development rights, obligations, terms and conditions specified in this Agreement are fully vested in the Developer and may not be changed, modified, invalidated or otherwise limited by County, whether by administrative action, legislative action, or, to the extent allowed by law, vote of the electorate through initiative, referenda and/or other voting process, except as may be expressly permitted by and in accordance with the terms and conditions of the Development Standards or as expressly consented to by Developer. Should such vested rights not be exercised during the term of this Agreement by Developer by undertaking and completing the contemplated Project, then such vested rights shall not survive beyond the term of this Agreement and any applicable extensions. Should, in the future within the term of this Agreement, any or all of the Project be destroyed by fire, earthquake, or other similar causes, then the Developer, or its successors, shall have a continuing vested right to rebuild or repair such damaged or destroyed structures, infrastructure, public and private facilities and Property as allowed by law within the term of this Agreement and to continue the vested uses granted hereunder.

Vested Right to Develop. During the Term, subject to the Reservation of Authority by City contained in Article 8, Developer shall have a vested right to develop the Project on the Developer Property in accordance with and to the full extent permitted by the Development Plan, as the same may be amended or modified from time to time consistent with the terms of this Agreement, all of which shall exclusively control the development of the Project (including, without limitation, the uses, the density or intensity of use, architectural review, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes and the design, improvement and construction standards and specifications applicable to the Project or the Developer Property), provided, however, that (i) the ▇▇▇▇▇▇ Country Mart must be developed and substantially completed with certificates of occupancy issued for at least 50% of the commercial floor area and the entire park area/amenities open to the public during the first phase of Project construction, prior to issuance of a certificate of occupancy for any of the light industrial buildings proposed by the Project, and (ii) certificates of occupancy shall be issued for eighty percent of the ▇▇▇▇▇▇ Country Mart’s commercial floor area (as set forth in the Site Plan / 2022 SEIR) prior to (a) the City’s issuance of a certificate of occupancy for the sixth light industrial building proposed for the Project or (b) the last industrial building proposed for development if less than six light industrial buildings are ultimately proposed as part of the Project. The Developer shall be required to pay the impositions under the Citywide CFD and the Sitewide CFDs/Amended Sitewide CFDs (as each such terms are defined below) as and when required. To carry out the Project, Developer anticipates making capital expenditures to be made in reliance upon this Agreement and the Project Agreements. In the absence of this Agreement, Developer would not have assurance that it can complete and utilize the Project for the uses and to the density and intensity of development set forth in this Agreement and the Existing Development Approvals. This Agreement is necessary to assure Developer that the Project will not be (i) reduced or otherwise modified in density, intensity or use, maximum height and size of proposed buildings and the design standards applicable to the Project and the Developer Property, from what is set forth in the Existing Land ...

Vested Right to Develop. Landowner shall have the vested right to develop the Subject Property in substantial conformance with the terms and conditions of the Legislative Project Approvals, the Subsequent Approvals (once they are granted), City Applicable Law (defined in Section 2.02), and the Applicable Fees (defined in Section 2.03). Such vested rights shall include, but not be limited to, the right to develop new retail commercial uses up to the heights and at the locations depicted in Exhibit E. Landowner has the further vested right to develop the Subject Property in substantial conformance with the terms and conditions of City Applicable Law and the Subsequent Approvals (once they are granted) regarding the permitted uses of the Subject Property; the density and intensity of uses; the maximum height, bulk, and size of the proposed buildings; provisions for reservation or dedication of land for public purposes and the location of public improvements; the general location of public utilities; and other terms and conditions of development applicable to the Project. Notwithstanding the foregoing, during the Term, the City may apply to any development on the Subject Property, at the time of such development, then-current Uniform Building Code and other uniform construction codes or standards, to the extent that such code or standard has been adopted by the City and is in effect on a City-wide basis. In the event of any conflict or inconsistency between this Development Agreement and City Applicable Law or between this Development Agreement and any Subsequent Approvals, to the fullest extent legally possible, this Development Agreement shall prevail and control.

Vested Right to Develop. Developer shall have a vested right to build out the Project through the Term on the Project Site in accordance with the terms and conditions of the Project Approvals.

Vested Right to Develop. (A) County agrees that the Developer, upon receipt of its development permits as identified in Section 3.04, may proceed to develop the Property according to the terms and conditions of this Agreement, the UDO, and the Laws and Land Development Regulations defined in Section 3.01(B). The right of Developer to develop the Property as set forth in this Agreement is deemed vested with Developer for the term of this Agreement when the Developer has complied with all of the requirements of Section 5.19 of this Agreement. (B) County agrees that the specific Laws and Land Development Regulations in force as of the Agreement Date, including the UDO, as set forth in Exhibits E and E-1 through E-4 to this Agreement, attached hereto and incorporated herein by reference as if the exhibit were set out in this Agreement in its entirety, shall govern all aspects of the development of the Property, according to the terms and standards as stated in this Agreement, for the term of this Agreement. (C) The Developer has a vested right to proceed with the development of the Property in accordance with its zoning classification, the UDO, the other Laws and Land Development Regulations, and the terms of this Agreement, including without limitation the Development Program, when the Developer has complied with all of the requirements of Section 5.19 of this Agreement. (D) To the extent that this Agreement may contain zoning and development standards which conflict with existing zoning and development standards, including zoning and development standards contained in the UDO, the standards contained in this Agreement supersede all other standards and this Agreement is deemed controlling, but only to the extent of specific and express modifications contained in this Agreement. (E) The Developer acknowledges that performance financial guarantees will not be accepted for water, sewer and storm water infrastructure and the water, sewer and storm water infrastructure must be installed, tested and in acceptable condition before final plat approval. Nothing in this section modifies the warranty requirements of Section 6.9.3 of the UDO or the performance requirements of Section 8.4.3.A.4 of the UDO.

Vested Right to Develop. During the Term, HF or its Assignee, shall have a vested right to develop the Subject Property in accordance with the Existing Regulations, and as subject to the provisions of this Agreement.

Vested Right to Develop. Landowner shall have the vested right to develop the Subject Property in substantial conformance with the terms and conditions of the Legislative Approvals, the Subsequent Approvals (once they are granted), City Applicable Law (defined in Section 2.02), and the Applicable Fees (defined in Section 2.03).

Vested Right to Develop. During the Term of this Agreement, with regard to the Snowcreek Projects listed in Recital D and the Property legally defined in Exhibit A, Developer is assured, and the Town agrees, the development rights, obligations, terms and conditions specified in the Project Approvals, the other Vested Rules and this Agreement are fully vested in Developer and may not be changed or modified by the Town, whether by administrative action, legislative action, or vote of the electorate, except as may be expressly permitted by and in accordance with the terms and conditions of this Agreement, or as may be expressly consented to by Developer. Developer shall have the vested right to develop and construct the Snowcreek Projects on the Snowcreek Properties and each portion thereof, in accordance with the Project Approvals, the other Vested Rules and this Agreement.