AgdaPkt 2002-12-09 - Laserfiche WebLink

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°I , �-124 Guidelines'7. It is understood that the Project Guidelines shall be in accordance with the • following: _!, _ '- :: .. A. To assure Developer that, when the Project has received all Project Approvals „ and other necessary permits, it will still consist of a two-level retail-cinema project located on the Project Site, with approximately 85,000 square feet of retail shop and restaurant space on the ground level and a 20-screen, 4,200-seat theatre on the second level and approximately five hundred ninety (590) pazldng spaces located in an underground pazldng facility on the Project Site that extends beneath the adjacent MiddleSeld Road right-of-way. All of the foregoing icnprovements shall have the same basic site layout as shown in the Project Guidelines. B. It is understood that Developer has submitted only preliminary designs of the Project and that City review of the Project design will occur after the execution of this Agreement. City agrees that its design review will not modify the basic square footage and uses of the Project and the general site layout. C. Developer shall submit plans for the Project to the City for design review approval within thirty (30) days of the Effective Date, and the City shall conduct such review expeditiously. If the parties cannot agree upon the Project design within ninety (90) days of the submission of such plans to the City, any party may ternunate this Agreement pursuant to Section 809 hereof. §503 Proiect Review and Aooroval If any revisions or coaections of plans subject to appmval by the Agency shall be required by any other govemmental agency having jurisdicdon, the Developer and the Agency staff shall cooperate in efforts to comply with such requirements, or to develop a mutually acceptable altemative, as may be appropriate. If no such waiver is obtained and no such altemative is developed, the Agency and the Developer shall be bound by such revisions or corrections if they are not materially inconsistent with the Project Guidelines and related documents and approved plans. If such revisions or corrections ate materially inconsistent with the approved Project Guidelines and related documents and appmved plans, then Developer shall have the right to terminate this Agreement pursuant to Section 807 hereof. Before commencement of demolition, construcrion or development of any buildings, structures or other works of improvement upon any portion of the Project Site, Developer shall, at its own expense, secure or cause to be secured any and all permits which may be required by the City or any other govemmental agency having jurisdiction over such demolition, construction, development or work. The Agency will cooperate with Developer and use its best efforts to assist Developer in processing applications for all required City permits and in securing the Project Approvals and other govemmental agencies' authorizations and permits needed to implement this Agreement and to develop and construct the Project. 22 DOCSSFl :648942.4 9975-5 C 14 120502