Summary of CAC Review AuthoritySummary of CAC Review Authority under Land Disposition Agreement and Side Agreement to LDA with MassDevelopment
November 6, 2006
LDA Side Agreement (numbers refer to the specific section of the agreement)
The parties agree that the CAC authority shall continue to be recognized beyond the statutory requirements and that the CAC role will be reviewed when the project is 75% complete. The
CAC will no longer have authority after the project reaches 90% completion.
MDFA shall seek the CAC’s approval of any changes (other than minor change) to the Project as outlined in the Master Plan and the CAC’s determination shall be binding upon MDFA.
MDFA shall seek CAC approval of Master Plan changes of 10% or more in size or use.
The CAC has 45 days to respond to any request for approval and will make every effort to respond within the 30 days specified in the Land Disposition Agreement.
Land Disposition Agreement (numbers refer to the specific section of the agreement)
G. The project shall be carried out in accordance with the approval documents. MDFA has the right to make minor changes to the project without DCAM approval. Minor Changes are defined
as: Changes in use or size of less than 10% with respect to any element of the project as set forth in the Master Plan or a change in location, access or profile that is not considered
by DCAM to be significant.
Changes to the project other than minor changes shall require written consent of DCAM and DCAM may, at its sole discretion, consult with the CAC on changes other than minor changes.
For changes deemed significant by DCAM, an amendment to the Master Plan may be required with approval by the CAC. Significant changes include: changes in use and/or size of more than
20% with respect to any element of the project as set forth in the Master Plan or a change in location, access or profile, or another change that DCAM reasonably determines is significant.
As long as MDFA holds a significant interest as a development partner, the CAC (and not DCAM) shall determine whether a change to the project Master Plan requires an amendment to the
Master Plan and DCAM shall not determine whether a project change is deemed minor, significant, or neither.