Common use of Vested Right to Develop Clause in Contracts

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. 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 up to fifty-seven thousand (57,000) gross square feet of net 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-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. 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 up to three hundred thousand (300,000) square feet of net 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.