Agmt 2006 Mercy Housing California XXXIII (4)

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sidewalks. The San Leandro Board of Zoning Adjustment ("Board of Zoning Adjustment") approved the Preliminary Site Plan for the Project on June 1, 2006. 1.3.3.1 Lot-Line Adjustment. The Parties acknowledge that the existing structure encroaches onto the adjacent property. Prior to conveyance of the Property, Agency shall, at Agency's expense, prepare all documents and take all steps required to obtain and record a permanent easement or a quit claim from the owner of the adjacent property and a lot- line adjustment as necessary to facilitate development of the Project in accordance with the approved Preliminary Site Plan. 1.3.4 Design Review; Conditions of Approval. Prior to the Agency's consideration of this Agreement, the Developer submitted to the Agency preliminary design documents for the Project including elevations and schematic drawings (collectively, "Preliminary Design Documents"). The proposed elevation for the Project is depicted in Exhibit C attached hereto. Developer agrees that it shall develop the Project in accordance with the approved Preliminary Design Documents. 1.3.5 Land Use Approvals; Cooperation. Developer acknowledges that the execution of this Agreement by Agency does not relieve Developer from the obligation to apply for and to obtain from City all necessary approvals, entitlements, and permits for the development ofthe Project (including without limitation approval of the Project in compliance with CEQA to the extent required), nor does it limit in any manner the discretion of the City in the approval process. Prior to the commencement of the term of the Ground Lease, Developer shall obtain all permits, licenses and approvals required for development of the Project, including without limitation, building permits. Agency staff shall work cooperatively with Developer to assist in coordinating the expeditious processing and consideration of all permits, entitlements and approvals necessary for development ofthe Project. The Parties acknowledge that the Scope of Development contemplates a reduction in parking. On June 1, 2006, the Board of Zoning Adjustment approved a parking exception for the Project. 1.3.5.1 Permits and Fees. Developer shall be obligated to pay when due all customary and reasonable City fees and charges in connection with the processing of City permits and approvals; provided however, pursuant to City Council Resolution adopted as of the date hereof, payment of such fees and charges may be deferred until the Closing Date. 1.3.5.2 Construction Plans. City shall have approved the Construction Plans for the Project pursuant to Article v. 1.3.6 Execution and Delivery of Documents. Developer shall execute, acknowledge as applicable, and deliver to Agency this Agreement, and all other documents required in connection with the transactions contemplated hereby, including without limitation a Ground Lease substantially in the form attached hereto as Exhibit F, a loan agreement substantially in the form attached hereto as Exhibit G (the "Loan Agreement"), a promissory note substantially in the form attached hereto as Exhibit H (the "Note"), a leasehold deed of trust substantially in the form attached hereto as Exhibit I (the "Deed of Trust"), and an Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants substantially in the form attached hereto as Exhibit J (the "Regulatory Agreement"). This Agreement, the Ground 803698-6 7