RDA Agmt 2001 FH Dailey Motor Company

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• period, shall be deemed approved. 3.03 Construction Plans. The Agency shall deliver to Participant,within fifteen 15 days from the date of the Agency's approval of this Agreement,any and all available architectural and/or engineering plans to the Buss Automotive Building on 890 Marina Boulevard:_(original, approved, as-built, or otherwise). Within eighteen (18) months of the execution of this Agreement, Participant shall submit for Agency approval Construction Plans for the Improvements. As used herein "Construction Plans" means all documentation, including blueprints, upon which the Participant, and Participant'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, and a time schedule for construction. Within thirty(30) days of submittal of the Construction Plans to the Agency for approval,the Agency shall approve or disapprove of the Construction Plans and notify Participant in writing of its approval or disapproval. If the Agency fails to notify Participant of its approval or disapproval of Construction Plans within said thirty (30)day period, the Construction Plans shall be deemed approved by the Agency. 3.04 Interim Permitted Uses and Conditions. The Agency hereby authorizes and permits Participant to conduct business on the Site prior to completion of any improvements required by this Agreement, subject to the approval of the City of San Leandro Development Services Department. Participant agrees that within ninety(90)days from the date of the Agency's formal appro al of this Agreement, as a condition of Participant's right to continue to conduct business on the Site in advance of completion of all improvements,as specified immediately above in this Section 3.04,Participant shag remove any and all of its vehicles situated on 846 and/or 872 Marina Boulevard to a proper locale.The Agency agrees to assist Participant in finding a reasonable alternative site for the storage of said vehicles. Article Four: CONSTRUCTION OF IMPROVEMENTS 4.01 City of San Leandro Approval. At the time Participant submits its Construction Plans to the Agency,Participant shall apply to the City, diligently pursue, and obtain all permits necessary for the construction of the Improvements. Participant acknowledges that execution of this Agreement by the Agency does not constitute either an express or implied permit approval by the City,does not limit in any manner the discretion of the City in the approval process,and does not relieve Participant from the obligation to obtain all necessary permits. Any necessary development fees shall be paid by the Agency (including, but not limited to, any and all local development, planning, city inspection and/or permit fees). Owner Participation Agreement Page 5 of 18