Reso25 16296 - Laserfiche WebLink

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from attaching to the Affordable Site; provided, however, that Developer shall have the right to contest in good faith any such taxes, assessments, or charges. In the event Developer exercises its right to contest any tax, assessment, or charge against it, Developer, on final determination of the proceeding or contest, shall immediately pay or discharge any decision or judgment rendered against it, together with all costs, charges, and interest. ARTICLE 4. PRELIMINARY REQUIREMENTS FOR THE AFFORDABLE DEVELOPMENT Section 4.1 Affordable Development Project Approvals. (a) The Qualified Designee shall be responsible for complying with the obligations and conditions set forth in the Affordable Development Project Approvals for development and operation of the Affordable Development, including to the extent required, site plan review, Architectural Permit, and lot line adjustment, tentative or final maps, subdivision and other improvement plans, and all other necessary entitlements related to the Affordable Development. (b) On the anniversary of the Close of Escrow, the Qualified Designee shall provide the City annual status reports outlining the Qualified Designee’s progress toward compliance with the Affordable Development Project Approvals, including the status of application for building permits for the Affordable Development, and information related to schedule for commencement of construction of the Affordable Development. This Section 4.1(b) shall survive expiration or termination of this Agreement. (c) If the Qualified Designees has not complied with the Affordable Development Project Approvals, and has not been issued a building permit and commenced construction of the Affordable Development within five (5) years of the date of the Close of Escrow (the “Construction Commencement Period”), then the City shall have the right to enforce any of its rights under the Irrevocable Offer to Dedicate (which is required to be recorded as the Close of Escrow for the Land Donation). The Qualified Designee, may request to extend the Construction Commencement Period for up to two (2) additional years by submitting a written request to the City Manager not less than 90 days prior to the expiration of the Construction Commencement Period, explaining the nature of the proposed extension, along with the annual reports previously submitted, and a narrative on how the extension will meet the objectives of the Affordable Housing Plan. Any extension may be granted at the City Manager’s sole and absolute discretion. This Section 4.1(c) shall survive expiration or termination of this Agreement. Section 4.2 Development Plans and Specifications. (a) As used herein, “Project Plans” means plans for the design and construction of the Affordable Development on the Affordable Site, as provided in the plan set prepared by David Baker Architects and dated February 21, 2025 on file with the City Affordable Development 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 ATTY/RESO.0029/CC RESO APPROVING ARCHITECTUAL PERMIT, TENTATIVE PARCEL MAP (920 SHASTA) - EXHIBIT C REV: 04-22-25 VR Page 22 of 224