RDA Agmt 2000 Brooks_Michael etc

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• • Unless said proposed change is rejected by the Agency within fifteen (15) days, it shall be deemed approved. If rejected within such time period, the previously approved Construction Plans shall continue to remain in full force and effect Any change in the Construction Plans required in order to comply with applicable codes shall be deemed approved, so long as such changes do not substantially nor materially change the architecture, design or other amenities of the Improvements as shown on the latest approved Construction Plans. 4.07 Construction Plans Must Be Approved. Notwithstanding any other provision of this Part, the Developer shall not commence any construction of the Improvements until it has first received the written or deemed approval by the Agency of the Construction Plans as provided in Section 4.04 of this Part. Any breach of this Section shall afford the Agency its rights under Article Six of this Part 4.08 Completion of the Improvements and Use of Property. The Developer, for itself, its successors and assigns, hereby covenants and agrees diligentiy to perform in accordance with the following provisions ('Operating Covenants'): (a) To prosecute to completion the construction of the Improvements by December 31, 2000; and (b) For a tenant to open the Improvements and continue to operate for no less than twenty (20) years; and (c) Except as provided for in Article Five of this Part not, at any time during such twenty (20) year period, to assign its interest on any portion thereof in any land or its Improvements without the prior written consent of the Agency, which consent shall not be unreasonably withheld. 4.09 Progress Reports. Until construction of the Improvements has been completed, Developer authorizes the Agency to have full access to all building inspection reports and other information at the City of San Leandro to assist the Agency in reviewing the actual progress of construction. Developer shall allow the Agency to review construction documents and records maintained by Developer in the ordinary course of the construction as may be reasonably requested by the Agency. 4.10 Agency to Receive Copy of Construction Contract Developer shall enter into contracts for the construction of the Improvements with reputable contractors. Copies of all contracts shall be tendered to the Agency for the sole and limited purposes of determining that the covenants as to Equal Opportunity in Construction (Section 4.12 of this Part) have Disposition and Develcpment Page 8 of 23 Agreement 144