Agmt25 1900 Broadway Owner LLC - Laserfiche WebLink

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Project Plans, including without limitation, preliminary plans, site plans, floor plans, elevations and all related architectural plans and related structural and engineering plans. (b) The Project Plans shall not be processed or approved in a manner which causes, creates or results in the imposition of any lien, burden, condition, obligation, liability or expense upon Donor or the Affordable Site prior to the conveyance thereof by Donor to the Qualified Designees or the City, or which would otherwise survive termination of this Agreement. Qualified Designee understands that neither the City or the Donor shall have any obligation to reimburse Qualified Designee for any costs or expenses incurred by Qualified Designee with respect to the Project Plans under any circumstance whatsoever, including, without limitation, in the case of a termination of this Agreement for any reason. (c) If the, Qualifying Designee is unable to comply with the obligations and conditions in the Affordable Development Project Approvals or if the City enforces its rights under the hievocable Offer to Dedicate, the Project Plans (inclusive of any preliminary Project Plans) and all related architecture, floor plans, elevations, studies, surveys, drawings, engineering, plans, data, contracts, agreements, information and materials shall, promptly upon City's request, be assigned to City without ,representation or warranty of any kind and without Qualified Designee's fiirther consent. Qualified Designee shall ensure that its contracts with all consultants, engineers and design professionals with respect to the Project Plans and the preparation of work product related thereto include an express consent to the foregoing assignment Qualified Designee's obligations pursuant to this paragraph shall survive termination of this Agreement. (d) The Qualified Designee shall execute the Assignment of Contracts and in accordance with the terms of the Assignment of Contracts, agrees to submit copies of and assign to the City the Project Plans and the Plans and Specifications for the construction of the Affordable Development, including all construction documentation upon which the Qualified Designee and the Qualified Designee `s contractors shall rely in performing the construction work. The Assignment of Contracts shall be subject and subordinate to the Qualified Designee's senior lenders providing construction and permanent financing to the Project. Section 4.3 Environmental Review. The Qualified Designee shall prepare or cause to be prepared preliminary plans to facilitate the environmental review process required by CEQA and NEPA for the Affordable Development, as applicable. The City acknowledges that the environmental review process under CEQA and NEPA for the proposed Development Site may involve preparation and consideration of input from interested organizations and individuals; that approval or disapproval of the Affordable Development following completion of the environmental review process is within the discretion of the City; and that the City makes no representation regarding the ability of the City to approve the Affordable Development at the conclusion of the environmental review process required by CEQA and NEPA, or regarding the imposition of any mitigation measures as conditions of any approval that may be granted. The Donor and Qualified Designee shall generally cooperate to complete any required environmental review. Nothing in this Agreement shall be construed to compel the City to approve or make any particular findings with respect to the environmental review documentation. The City will not be responsible for any direct and indirect costs associated with, or related to, the preparation of the required CEQA and NEPA documentation for the Affordable Development. The Donor will not be responsible for the payment of any City fees or costs associated with processing of the draft and ATTY/AGR/2024.193.1—AFFORDABLE HOUSING LAND DONATION AGREEMENT REV: 10-22-24 VR Page 19 of 35