RDA Agmt 2001 Lavery California Dealership Properties No. 1 LLC

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1.03 Construction Plans. No later than one hundred eighty (180) days after approval of the Development Plan by the Agency, Developer shall submit to the Agency and City its initial Construction Plans for the Improvements. As used herein "Construction Plans" for the Improvements shall mean all construction documentation upon which the Developer, and Developer's several contractors, shall rely in building the Improvements (including landscaping, parking, and common and public areas) and shall include, but not necessarily be limited to, final architectural drawings, landscaping plans and specifications, final elevations, building plans and specifications (also known as "working drawings") and a time schedule for construction. The Construction Plans for the Improvements shall be based upon the approved Development Plan and shall not call for improvements which materially deviate therefrom without the express written consent of the Agency. The Agency shall promptly review the Construction Plans and determine if the improvements called for are consistent with the Development Plan. The Agency shall only have the right to disapprove of the Construction Plans if the Construction Plans (i) call for improvements which materially deviate from the Development Plan or (ii) do not comply with applicable laws, ordinances and codes. Unless the Construction Plans are rejected in writing by the Agency within thirty (30) days, the Construction Plans shall be deemed approved. 1.04 Identity of Dealership Developer has notified Agency that H.W. McKevitt Company Inc. is the dealership and Volvo is the franchise to be located on the Property. Developer shall obtain written approval from the Agency to modify the dealership franchise identified by the Developer as of the date of this Agreement prior to the issuance of the Certificate of Completion. Developer may locate more than one franchise on the Property by notifying the Agency in writing of the franchise or franchises to be added. Article Two: AGENCY PRE -DISPOSITION REQUIREMENTS 2.01 Conditions Precedent. As a condition precedent to Developer's obligation to purchase the Property for the commencement of construction of the Improvements, the conditions set forth in this Article Two of this Part must first be satisfied or waived by the Developer by the date as set forth in this Article Two relevant for such condition, unless such time limit is extended by Developer. The conditions provided for in this Article Two shall be deemed satisfied by the date by which the particular condition is required to be satisfied if the Developer does not provide notice to the Agency by such date that Developer has disapproved of such matter. 2.02 Parcel Map, Agency shall process a parcel map satisfactory to Developer defining the boundaries of the Property. Said parcel map shall be recorded no later than the Closing Date. Disposition and Development Page 5 of 32 Agreement (Lavery California Dealership Properties No.1 LLC)