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Reso 2020-020
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Reso 2020-020
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3/3/2020 4:52:28 PM
Creation date
3/3/2020 4:33:04 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
2/24/2020
Recorded Document Type
DDA
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PERM
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3A Public Hearing 2020 0224
(Reference)
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\City Clerk\City Council\Agenda Packets\2020\Packet 2020 0224
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2.1.4. Vested -Tentative Map and Single -Family Element Approvals. Developer <br />shall process the vested -tentative map, the planned development permit, and the related <br />entitlements for the Single -Family Element, as well as all other Elements of the Project as <br />required. Developer shall process a single lot subdivision map for the Single Family Element for <br />approval of the City. Developer shall process a subsequent subdivision map for the Single <br />Family Element as a Project Approval, and the number of Townhome Lots, Detached Lots and <br />total Lots in the Single Family Element shall be determined based upon the subsequent <br />subdivision map which is approved by the City. <br />2.1.5. Construction Plans. Before commencement of construction of the Project <br />or other works of improvement upon the Property, and at or prior to the times set forth herein, <br />the Developer shall submit to the City any plans and drawings (collectively, the "Construction <br />Plans") which may be required by the City under the City Municipal Code with respect to any <br />permits and entitlements which are required to be obtained to develop the Project. Developer, on <br />or prior to the date set forth in the Schedule of Performance, shall submit to the City such plans <br />for the Project as are required by the City under the City Municipal Code in order for Developer <br />to obtain demolition, grading, building and other required permits for the Project. If City <br />disapproves any portion of the Construction Plans, such disapproval shall be in writing and shall <br />specify the basis for disapproval in reasonable detail, together with a description of reasonable <br />proposed modifications as shall render the Construction Plans acceptable to City. If City <br />disapproves any portion of the Construction Plans, Developer shall discuss the City's objections <br />with City staff and City and Developer shall work together in good faith towards modifications <br />of the Construction Plans that are mutually acceptable to City and Developer. In addition, <br />Developer shall submit to the City for its approval, which shall not be unreasonably withheld, a <br />Construction Management Plan for each Element which addresses the phasing of construction, <br />construction traffic and delivery of soil and building materials, noise issues, and other related <br />issues. The Construction Management Plan shall include a provision for personnel responsible <br />for receiving and addressing noise and traffic inquiries and complaints from the community. <br />2.2. City Review and Approval. The City shall have all rights to review and approve <br />or disapprove all Project Approvals and other required submittals in accordance with the City <br />Municipal Code, and shall apply the same standards to and shall retain the same discretion over <br />such matters as it has with respect to any other development applications submitted to the City. <br />Nothing set forth in this Agreement shall be construed as the City's approval of any or all of the <br />Project Approvals. This Agreement does not require that City comply with the implied covenant <br />of good faith and fair dealing in reviewing and approving or disapproving Project Approvals and <br />other required submittals with respect to the Project. In no event shall City's disapproval or <br />failure to approve the Project Approvals and/or other required submittals be deemed a breach or <br />Default of this Agreement. In the event that the Project Approvals and/or other required <br />submittals as approved herein are materially different than as described in the Scope of <br />Development, City and Developer shall each approve such changes in writing as a condition to <br />City's conveyance of the applicable Element to Developer. <br />2.3. Defects in Plans. The City shall not be responsible either to the Developer or to <br />third parties in any way for any defects in the Construction Plans, nor for any structural or other <br />33 <br />
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