RecD05 2005-141296 - Laserfiche WebLink

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1. The Developer shall have the right during the course of construction of the Project to make changes in construction concerning the interior of structures and "minor field changes" without seeking the approval of the Agency; provided, however, that such changes do not affect the type of use to be conducted within all or any portion of a structure or the overall architectural appearance of the Project. Said "minor field changes" shall be defined as those changes from the approved final construction drawings, plans and specifications which have no substantial effect on the improvements and are made in order to expedite the work of construction in response to field conditions. Nothing contained in this Section shall be deemed to constitute a waiver of or change in the City's Building Code requirements governing such "minor field changes" or in any and all approvals by the City otherwise required for such "minor field changes." m. Except as otherwise specifically provided in this Agreement, the costs of developing the Property and of constructing the Project and all related improvements as set forth in the Scope of Development shall be borne by the Developer. n. The Developer shall at its expense, pay any and all fees required by any governmental authority with respect to the Project, including, but not limited to, fees pertaining to the review and approval of the Project by the City, and shall at its expense prepare all required construction, planning and other documents reasonably required by governmental bodies pertinent to the development of the Project hereunder including, but not limited to, specifications, drawings, plans, maps, permit applications, land use applications, general plan amendment revisions, zoning applications and design review documents, and any documents prepared pursuant to CEQA and shall cause the preparation by consultants selected or approved by the Agency and/or the City, at the cost and expense solely of the Developer, any and all documents required pursuant to CEQA for any change in the Scope of Development applicable to the Project. o. The Developer shall pay for any and all costs concerning the design, construction, relocation and securing of permits for onsite utility improvements and connections with respect to the Project, including, without limitation, sewers and sewer lines, power lines and poles, water lines, gas lines, cable lines and related vaults, storm drains and vaults, traffic access ways, lighting poles and standards, handicapped access ramps, construction of tree wells and planting of trees. The Developer shall obtain any and all necessary approvals prior to the commencement of applicable portions of said construction, and the 17 REDW\OO06\DOC\001-7 3/29/05 3:15 /rove