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Agmt 2006 Mercy Housing California XXXIII (4)
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Agmt 2006 Mercy Housing California XXXIII (4)
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5/10/2007 1:08:01 PM
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5/10/2007 1:07:32 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
6/19/2006
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PERM
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RDA Reso 2006-003
(Approved by)
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\City Clerk\City Council\Resolutions\2006
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<br />sidewalks. The San Leandro Board of Zoning Adjustment ("Board of Zoning Adjustment") <br />approved the Preliminary Site Plan for the Project on June 1, 2006. <br /> <br />1.3.3.1 Lot-Line Adjustment. The Parties acknowledge that the existing <br />structure encroaches onto the adjacent property. Prior to conveyance of the Property, Agency <br />shall, at Agency's expense, prepare all documents and take all steps required to obtain and <br />record a permanent easement or a quit claim from the owner of the adjacent property and a lot- <br />line adjustment as necessary to facilitate development of the Project in accordance with the <br />approved Preliminary Site Plan. <br /> <br />1.3.4 Design Review; Conditions of Approval. Prior to the Agency's consideration of <br />this Agreement, the Developer submitted to the Agency preliminary design documents for the <br />Project including elevations and schematic drawings (collectively, "Preliminary Design <br />Documents"). The proposed elevation for the Project is depicted in Exhibit C attached hereto. <br />Developer agrees that it shall develop the Project in accordance with the approved Preliminary <br />Design Documents. <br /> <br />1.3.5 Land Use Approvals; Cooperation. Developer acknowledges that the execution <br />of this Agreement by Agency does not relieve Developer from the obligation to apply for and to <br />obtain from City all necessary approvals, entitlements, and permits for the development ofthe <br />Project (including without limitation approval of the Project in compliance with CEQA to the <br />extent required), nor does it limit in any manner the discretion of the City in the approval <br />process. Prior to the commencement of the term of the Ground Lease, Developer shall obtain <br />all permits, licenses and approvals required for development of the Project, including without <br />limitation, building permits. Agency staff shall work cooperatively with Developer to assist in <br />coordinating the expeditious processing and consideration of all permits, entitlements and <br />approvals necessary for development ofthe Project. The Parties acknowledge that the Scope of <br />Development contemplates a reduction in parking. On June 1, 2006, the Board of Zoning <br />Adjustment approved a parking exception for the Project. <br /> <br />1.3.5.1 Permits and Fees. Developer shall be obligated to pay when due all <br />customary and reasonable City fees and charges in connection with the processing of City <br />permits and approvals; provided however, pursuant to City Council Resolution adopted as of <br />the date hereof, payment of such fees and charges may be deferred until the Closing Date. <br /> <br />1.3.5.2 Construction Plans. City shall have approved the Construction Plans for <br />the Project pursuant to Article v. <br /> <br />1.3.6 Execution and Delivery of Documents. Developer shall execute, acknowledge <br />as applicable, and deliver to Agency this Agreement, and all other documents required in <br />connection with the transactions contemplated hereby, including without limitation a Ground <br />Lease substantially in the form attached hereto as Exhibit F, a loan agreement substantially in <br />the form attached hereto as Exhibit G (the "Loan Agreement"), a promissory note substantially <br />in the form attached hereto as Exhibit H (the "Note"), a leasehold deed of trust substantially in <br />the form attached hereto as Exhibit I (the "Deed of Trust"), and an Affordable Housing <br />Regulatory Agreement and Declaration of Restrictive Covenants substantially in the form <br />attached hereto as Exhibit J (the "Regulatory Agreement"). This Agreement, the Ground <br /> <br />803698-6 <br /> <br />7 <br />
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