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<br />ATTY/AGR/2022.389/HARBOR VIEW PROJECT DEVELOPMENT AGREEMENT <br />REV: 10-28-2022 VR 26 <br />ARTICLE 10. COOPERATION AND IMPLEMENTATION <br />Section 10.1 Subsequent Approvals. Certain subsequent land use approvals, <br />entitlements, and permits other than the Existing Approvals, will be necessary or desirable for <br />implementation of the Project (“Subsequent Approvals”). The Subsequent Approvals may <br />include, without limitation, the following: amendments of the Existing Approvals, grading <br />permits, building permits, sewer and water connection permits, certificates of occupancy, lot line <br />adjustments, site plans, development plans, land use plans, building plans and specifications, <br />parcel maps and/or subdivision maps, design review, demolition permits, improvement <br />agreements, encroachment permits and any amendments to, or repealing of, any of the foregoing. <br />Section 10.2 Scope of Review of Subsequent Approvals. City shall not use its authority <br />in considering any application for a Subsequent Approval to change the policy decisions reflected <br />in the Existing Approvals and this Agreement. Instead, the scope of review of applications for <br />Subsequent Approvals shall be limited to review of substantial conformity with the Existing <br />Approvals and Applicable Law and compliance with CEQA. City shall not impose conditions or <br />Exactions on Subsequent Approvals that exceed the requirements of, or are otherwise inconsistent <br />with, the Existing Approvals, except as expressly permitted by this Agreement or otherwise <br />required by Applicable Law. At such time as any Subsequent Approval applicable to the Property <br />is approved by City, then such Subsequent Approval shall become subject to all the terms and <br />conditions of this Agreement applicable to Project Approvals and shall be treated as a “Project <br />Approval” under this Agreement. <br />Section 10.3 Processing Applications for Subsequent Approvals. <br />A. Developer acknowledges that City cannot begin processing applications for <br />Subsequent Approvals until Developer submits complete applications. Developer shall use <br />diligent good faith efforts to (a) provide to City in a timely manner any and all documents, <br />applications, plans, and other information necessary for City to carry out its obligations hereunder; <br />and (b) cause Developer’s planners, engineers, and all other consultants to provide to City in a <br />timely manner all such documents, applications, plans and other materials required under <br />Applicable Law. It is the express intent of Developer and City to cooperate and diligently work <br />to obtain any and all Subsequent Approvals. <br />B. Upon submission by Developer of all appropriate applications and <br />Processing Fees for any pending Subsequent Approval, City shall, to the full extent allowed by <br />Applicable Law, promptly and diligently, subject to City ordinances, policies and procedures <br />regarding hiring and contracting, commence and complete all steps necessary to act on <br />Developer’s currently pending Subsequent Approval applications including: (a) upon the written <br />request of the Developer, providing at Developer’s sole cost and expense and subject to City’s <br />ability to obtain such services, additional staff and/or staff consultants for expedited planning and <br />processing of each pending Subsequent Approval application (Developer shall pay such costs at <br />cost plus 10% for administrative costs incurred); (b) if legally required, providing notice and <br />holding public hearings; and (iii) acting on any such pending Subsequent Approval application. <br />Section 10.4 Other Agency Subsequent Approvals; Authority of City. Other public <br />agencies not within the control of City may possess authority to regulate aspects of the