Res13 15289 - Laserfiche WebLink

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. - � i . . _.._ . _., e�� ._�.�..�._ 4.4.4 Conditions of Approval. Provided the Developer's Conditions to Close Escrow have been satisfied, including without limitation securing all Approvals, the Developer agrees to accept and comply fully with any and all reasonable conditions of approval applicable to any Approvals, permits or other governmental actions regarding the construction or installation of the Project on the Site, to the extent that such conditions are: (i)generally consistent with this Agreement and the Scope of Development, (ii) imposed after a public hearing in accordance with the City's approval process, and(iii)would not result in any material additional improvements not identified in the Developer's submitted application. 4.4.5 Developer Pavment of Costs and Fees. The Developer and the City agree that the City shall not provide any financial assistance to the Developer in connection with the construction or installation of the Project. The Developer shall be solely responsible for paying for the costs of all design work, construction, labor, materials, fees, permits, applications, and other expenses associated with the Project, some of which costs may be paid from the Deposit pursuant to Section 1.2. The Developer shall pay all lawfully required fees pertaining to the review and approval of the Project by each Government Agency and utility service providers, including the costs of prepazation of all required construction, planning and other documents reasonably required by each Govemment Agency or utility service provider pertinent to the ' construction, installation or operation of the Project on the Site, including, but not limited to, specifications, drawings, plans, maps, permit applications, land use applications, zoning applications, environmental review and disclosure documents and design review documents. A listing of the development fees that the Developer will be required to pay to the City for the processing of plans for Approvals and development of the Project are listed in the Scope of ' Development (Exhibit I�. The Developer shall obtain any and all necessary govemmental ' approvals, prior to the commencement of applicable portions of construction and installation of the Project, and the Developer shall take reasonable precautions to ensure the safety and stability of surrounding properties during the construction and installation of the Project. 4.5 Developer Changes to Project Plans and Specifications During Course of Construction. The Developer shall have the right, during the course of construction of the Project, to make "minor field changes," as approved by the City's Project Manager; provided, however, in the event that City's Project Manager fails to respond to a written request for a minor field change within twenty-four (24) hours after receipt of the request, such request shall be deemed to have been approved. "Minor field changes"sha11 be defined as those changes from ! the approved construction drawings, plans and specifications that have no substantial effect on the Project, do not reduce the quality of the approved Project and are made in order to expedite the work of construction in response to field conditions. Nothing contained in this Section 4.5 shall be deemed to constitute a waiver of or change in any Approvals governing any such"minor field changes" or in any Approvals by any Government Agency otherwise required for any such "minor field changes." � 4.6 Construction of Project. 4.6.1 The Developer covenants to and for the exclusive benefit of the City that the Developer shall complete the development of the Project and the Public Improvements within the time period for such action set forth in the Performance Schedule (Exhibit D). After commencement, the Developer shall diligently proceed to complete the construction and 30 2013.118/BLOCK 2 HUNTER STORM REV:07-26-13 PT