Inst 2001161041 - Laserfiche WebLink

Home

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