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Inst 2001161041
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Inst 2001161041
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Last modified
7/20/2012 5:21:51 PM
Creation date
9/13/2010 10:35:34 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
7/17/2000
Recorded Document Type
DDA
Deed of Trust
Retention
PERM
Document Relationships
Inst 2003395366
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2003
Inst 2003519999
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2003
Inst 2004047236
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2004
Inst 2004047239
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2004
RDA Reso 2000-025
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2000
Reso 2000-112
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2000
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(c) Upon receipt by the Agency of the proposed Construction Financing <br /> Plan, the Agency shall promptly review same and shall approve it within fifteen (15) days after <br /> submission if it conforms to the provisions of this Part. The Agency shall act through its Executive <br /> Director. If the Plan(s) are not thereafter approved by the Agency, the Agency shall set forth in <br /> • writing and notify Developer of the reasons therefor. Developer shall thereafter resubmit a revised <br /> Construction Financing Plan, as the case may be, to the Agency for its approval within thirty (30) <br /> days of the Agency's notification of disapproval. The Agency will either approve or disapprove said <br /> revised plan within fifteen (15) days of resubmittal by Developer in the event a Construction Plan is <br /> not approved by such time, it shall be deemed disapproved. <br /> (d) Any change, modification, revision or alteration of the approved <br /> Construction Financing Plan must be first submitted to and approved in writing by the Agency for <br /> conformity to the provisions of this Agreement. If not so approved, any such proposed change, <br /> participation, revision or alteration shall be deemed disapproved and the approved Plan(s) shall <br /> continue to control. <br /> 1.06 City Approval; Other Approvals; Costs. <br /> At the time Developer submits its Final Development Plan to the Agency, Developer <br /> shall apply to the City and, diligently pursue, and obtain all permits necessary for the construction of <br /> the Developer Improvements. Developer acknowledges that execution of this Agreement by the <br /> Agency does not constitute approval by the City, does not limit in any manner the discretion of the <br /> City in the approval process, and does not relieve Developer from the obligation to obtain all <br /> necessary permits, including building permits. Developer shall promptly pay when due all customary <br /> and reasonable fees and charges of the City in connection with the processing and consideration of <br /> the City permits and approvals contemplated by this section. If processing of a map is necessary in <br /> connection with this Agreement, all costs thereof shall be borne by the Developer. <br /> The Developer shall be responsible to obtain any governmental approvals required <br /> for the development of the Developer Improvements. <br /> All costs in connection with the development of the Developer Improvements <br /> (including without limitation the satisfaction of all conditions imposed in connection with <br /> environmental review and /or project approval) shall be borne by the Developer. <br /> The Developer acknowledges that the Purchase Price has been determined in part <br /> based upon the allocation of all development responsibilities and project costs to the Developer. No <br /> credits, rebates, or refunds shall be available to the Developer in connection with the payment of the <br /> City's development fee for street improvements ( "DFSI ") or any other fees. The Developer <br /> irrevocably assigns any and all rights to such credits, rebates or refunds to the Agency. <br /> ARTICLE TWO: AGENCY PRE - DISPOSITION REQUIREMENTS <br /> 2.01 Condition of Title. <br /> Prior to the submittal of this Agreement to the Agency, the Developer has completed <br /> its due diligence as to the Property. The Developer agrees to assume all responsibility for protecting <br /> the environmental quality of the Property and the Adjacent City Property effective as of the Agency <br /> Conveyance. <br /> 9 <br /> DOCS00746041 v4\24258.0002 <br />
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