|
<br />group of persons on account of sex, marital status, race, color, creed, religion, national origin or ancestry
<br />in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the
<br />transferee itself or any person claiming under or through it, establish or permit any such practice or
<br />practices of discrimination or segregation with reference to the selection, location, number, use or
<br />occupancy of tenants, lessees, subtenants, sublessee, or vendees of the land."
<br />
<br />3.04 Effect and Duration of Covenants, Aqreements and Conditions
<br />
<br />All of the terms, covenants, agreements and conditions set forth in this Agreement shall cease
<br />and terminate five (5) years from Commencement Date of agreement, excepting only the provisions of
<br />this Agreement with respect to nondiscrimination, which shall remain in effect in perpetuity.
<br />
<br />3.05 Permits and Approvals
<br />
<br />The Participant shall be responsible for, and promptly pay when due, all customary and
<br />reasonable fees and charges of any governmental agency having jurisdiction over the construction and
<br />development of the Improvements in connection with the processing and consideration of any permits or
<br />approvals for the Project. The Participant, on behalf of itself, acknowledges and agrees that execution of
<br />this Agreement by the Agency does not constitute approval of permits for the construction and
<br />development of the Improvements, does not limit in any manner the discretion of the City in such approval
<br />process, and does not relieve the Participant from the obligation to obtain all necessary permits, including
<br />building permits, for the construction of any Improvements to the Site. Construction of any Improvements
<br />shall not be permitted prior to issuance of all required building permits.
<br />
<br />3.06 Special Provisions
<br />
<br />A. Negotiation and Execution of Master Development Plan:
<br />
<br />1. During the term of this OPA, Participant agrees to negotiate and enter into a Master
<br />Development Plan with Agency for the development of Site. The Master Development
<br />Plan shall be consistent with the Redevelopment Plan, East 14th Street South Area
<br />Development Strategy (adopted April, 2004), and the SA-3 District zoning requirements.
<br />
<br />2. Master Development Plan must be approved by the Agency no later than five (5)
<br />years from the commencement of the term of this OPA.
<br />
<br />B. Participant Due Diligence and Agency Review
<br />
<br />1. Participant agrees to undertake diligent efforts to negotiate the acquisition of
<br />adjacent property(ies) and to develop the adjacent property(ies) along with Site, and/or;
<br />
<br />2. Participant agrees to undertake diligent efforts to work with an Agency approved
<br />developer to develop adjacent property(ies) and Site in accordance with Redevelopment
<br />Plan, East 14th Street South Area Development Strategy (adopted April, 2004), and the
<br />SA-3 District zoning requirements.
<br />
<br />3. No later than five (5) years from the Commencement Date of this OPA, Agency
<br />will conduct a comprehensive review of Participant's efforts to diligently perform and
<br />undertake the provisions and requirements described herein. If, following this review,
<br />Agency and Participant mutually agree and deem it necessary to amend any portion of
<br />this OPA, Agency and Participant will work together to amend the OPA as necessary.
<br />
<br />C. Other Requirements
<br />
<br />1. Participant agrees to comply with all other conditions, provisions and terms
<br />5
<br />
|