RDA Reso 2000-006 - Laserfiche WebLink

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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 Phase 1 Improvements and, if undertaken by the Developer, the Phase 2 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. Developer's obligation to purchase the Property is contingent upon the ability of the Agency to convey title to the Property in a Conforming Condition of Title. The conditions provided for in this Article Two shall be deemed satisfied by the date by which the particular condition is required to be satisfied, if the Developer does not provide notice to the Agency by the date provided herein that Developer has disapproved of such matter. (a) As soon as reasonably possible following the Date of Agreement, Agency shall deliver or cause to be delivered to Developer the following items: (i) Title Report. An updated preliminary report for an ALTA Owner's Policy for the Property issued by the Title Company, setting forth all liens, encumbrances, DocsoF\7o 17g&6\2a2s&.000 1 je