Agmt 2006 Mercy Housing California XXXIII (4)

Home

appraisal fees, title reports and any environmental assessments Developer elects to undertake. Except as expressly set forth herein or in another instrument executed by Agency, all costs of designing, developing and rehabilitating the hnprovements and the Project and compliance with the Project approvals, including without limitation all off-site and on-site improvements required by City in connection therewith, shall be borne solely by Developer and shall not be an obligation of the Agency. 5.3 Construction Plans. Developer shall submit to City's Building and Safety Services Division detailed construction plans for the Project (the "Construction Plans") within the time period specified in the Schedule of Performance. As used herein, "Construction Plans" means all construction documentation upon which Developer and Developer's contractors shall rely in rehabilitating the hnprovements and developing the Project (including landscaping, parking, common and public areas) and shall include, without limitation, final architectural drawings, the site development plan, landscaping plans and specifications, final elevations, and building plans and specifications. The Construction Plans shall be based upon the approved Scope of Development, the Preliminary Site Plan, the Preliminary Design Documents and the Project approvals, including any conditions of approval issued in connection therewith, and any other plans or development approvals issued by the City for the Project, and shall not materially deviate therefrom without the express written consent of Agency. Provided that the Construction Plans are consistent with the requirements of this Agreement, approval of the Construction Plans by City shall be deemed approval thereof by Agency. 5.4 Permits and Approvals. Within 15 days following Developer's receipt of City approval of the Construction Plans for the Project, Developer shall apply for and make commercially reasonable efforts to obtain issuance of all necessary building permits for the Project. Agency staff shall render all reasonable assistance to Developer to obtain such building permits. Developer shall pay the City's usual and customary plan check and permit fees. Developer shall be responsible for acquisition and maintenance of all permits, licenses and other authorizations required in connection with renovation and operation of the Project and for payment of all development and other fees associated with the Project. All contractors, subcontractors and material suppliers involved in the development of the Project will be required to obtain a City business license and to pay all applicable fees and taxes in connection therewith. 5.5 Construction Plans Must Be Approved: Renovation in Accordance with Plans and Approvals. Developer shall not commence renovation ofthe Project until Developer has received approval of the Construction Plans by the City Building and Safety Services Division and all applicable building permits have been issued. Developer shall renovate the Project in accordance with the approved Construction Plans and all other permits and approvals granted by the City and/or the Agency pertaining to development of the Project. Developer shall comply with all directions, rules and regulations of any fire marshal, health officer, building inspector or other officer of every governmental agency having jurisdiction over the Property or the Project. Each element of the work shall proceed only after procurement of each permit, license or other authorization that may be required for such element by any governmental agency having jurisdiction. All design and construction work on the Project shall be performed by licensed contractors, engineers or architects, as applicable. 803698-6 15