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RDA Agmt 2001 Lavery California Dealership Properties No. 1 LLC
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RDA Agmt 2001 Lavery California Dealership Properties No. 1 LLC
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Last modified
6/5/2019 10:25:40 AM
Creation date
7/19/2010 9:17:13 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
10/1/2001
Retention
PERM
Document Relationships
Inst 2004519949
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2004
RDA Agmt 2001 Lavery California Dealership Properties No. 1 LLC (2)
(Reference)
Path:
\City Clerk\City Council\Agreements\2001
RDA Reso 2001-011
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2001
Reso 2001-157
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2001
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1.03 Construction Plans. <br />No later than one hundred eighty (180) days after approval of the Development Plan by the Agency, <br />Developer shall submit to the Agency and City its initial Construction Plans for the Improvements. As used <br />herein "Construction Plans" for the Improvements shall mean all construction documentation upon which the <br />Developer, and Developer's several contractors, shall rely in building the Improvements (including landscaping, <br />parking, and common and public areas) and shall include, but not necessarily be limited to, final architectural <br />drawings, landscaping plans and specifications, final elevations, building plans and specifications (also known <br />as "working drawings") and a time schedule for construction. The Construction Plans for the Improvements <br />shall be based upon the approved Development Plan and shall not call for improvements which materially <br />deviate therefrom without the express written consent of the Agency. The Agency shall promptly review the <br />Construction Plans and determine if the improvements called for are consistent with the Development Plan. <br />The Agency shall only have the right to disapprove of the Construction Plans if the Construction Plans (i) call <br />for improvements which materially deviate from the Development Plan or (ii) do not comply with applicable <br />laws, ordinances and codes. Unless the Construction Plans are rejected in writing by the Agency within thirty <br />(30) days, the Construction Plans shall be deemed approved. <br />1.04 Identity of Dealership <br />Developer has notified Agency that H.W. McKevitt Company Inc. is the dealership and Volvo is the <br />franchise to be located on the Property. Developer shall obtain written approval from the Agency to modify <br />the dealership franchise identified by the Developer as of the date of this Agreement prior to the issuance of <br />the Certificate of Completion. Developer may locate more than one franchise on the Property by notifying the <br />Agency in writing of the franchise or franchises to be added. <br />Article Two: AGENCY PRE -DISPOSITION REQUIREMENTS <br />2.01 Conditions Precedent. <br />As a condition precedent to Developer's obligation to purchase the Property for the commencement <br />of construction of the Improvements, the conditions set forth in this Article Two of this Part must first be <br />satisfied or waived by the Developer by the date as set forth in this Article Two relevant for such condition, <br />unless such time limit is extended by Developer. <br />The conditions provided for in this Article Two shall be deemed satisfied by the date by which the <br />particular condition is required to be satisfied if the Developer does not provide notice to the Agency by such <br />date that Developer has disapproved of such matter. <br />2.02 Parcel Map, <br />Agency shall process a parcel map satisfactory to Developer defining the boundaries of the Property. <br />Said parcel map shall be recorded no later than the Closing Date. <br />Disposition and Development Page 5 of 32 <br />Agreement (Lavery California Dealership Properties No.1 LLC) <br />
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