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Reso25 16296
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Reso25 16296
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4/29/2025 3:59:13 PM
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4/29/2025 3:56:21 PM
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CC Index
CC Index - Document Type
Resolution
Date
4/28/2025
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expense upon Developer or the Affordable Site prior to the conveyance thereof by Developer to <br />the Qualified Designees or the City, or which would otherwise survive termination of this <br />Agreement. Qualified Designee understands that the City shall not have any obligation to <br />reimburse Qualified Designee for any costs or expenses incurred by Qualified Designee with <br />respect to the Project Plans under any circumstance whatsoever, including, without limitation, in <br />the case of a termination of this Agreement for any reason. <br />(c) If the Qualified Designee is unable to comply with the obligations and <br />conditions in the Affordable Development Project Approvals or if the City enforces its rights <br />under the Irrevocable Offer to Dedicate, the Project Plans (inclusive of any preliminary Project <br />Plans) and all related architecture, floor plans, elevations, studies, surveys, drawings, engineering, <br />plans, data, contracts, agreements, information and materials shall, promptly upon City’s request, <br />be assigned to City without representation or warranty of any kind and without Qualified <br />Designee’s further consent. Qualified Designee shall ensure that its contracts with all consultants, <br />engineers and design professionals with respect to the Project Plans and the preparation of work <br />product related thereto entered into after the date of this Agreement include an express consent to <br />the foregoing assignment Qualified Designee’s obligations pursuant to this paragraph shall survive <br />termination of this Agreement. In connection with any contracts with consultants, engineers and <br />design professionals that Qualified Designee has entered into prior to the execution of this <br />Agreement, Qualified Designee agrees to use its reasonable efforts to ensure that either these <br />contracts are amended to include the said express consent to assignment or to ensure that any work <br />product related to these contracts is thereby transferred to the City if the City enforces its rights <br />under the Irrevocable Offer to Dedicate, or its Right of Refusal or Option to Purchase under <br />Sections 6.8 and 6.9 of the Affordable Housing Restrictive Covenant. <br />(d) The Qualified Designee shall execute the Assignment of Contracts and in <br />accordance with the terms of the Assignment of Contracts, agrees to submit copies of and assign <br />to the City the Project Plans and the Plans and Specifications for the construction of the Affordable <br />Development, including all construction documentation upon which the Qualified Designee and <br />the Qualified Designee’s contractors shall rely in performing the construction work. The <br />Assignment of Contracts shall be subject and subordinate to the Qualified Designee’s lenders <br />providing construction and permanent financing to the Project. <br />Section 4.3 Environmental Review. The Qualified Designee shall prepare or cause to <br />be prepared preliminary plans to facilitate the environmental review process required by CEQA <br />and NEPA for the Affordable Development, as applicable. The City acknowledges that the <br />environmental review process under CEQA and NEPA for the proposed Development Site may <br />involve preparation and consideration of input from interested organizations and individuals; that <br />approval or disapproval of the Affordable Development following completion of the <br />environmental review process is within the discretion of the City; and that the City makes no <br />representation regarding the ability of the City to approve the Affordable Development at the <br />conclusion of the environmental review process required by CEQA and NEPA, or regarding the <br />imposition of any mitigation measures as conditions of any approval that may be granted. The <br />Developer and Qualified Designee shall generally cooperate to complete any required <br />environmental review. Nothing in this Agreement shall be construed to compel the City to approve <br />or make any particular findings with respect to the environmental review documentation. The City <br />will not be responsible for any direct and indirect costs associated with, or related to, the <br />ATTY/RESO.0029/CC RESO APPROVING ARCHITECTUAL PERMIT, TENTATIVE PARCEL MAP (920 SHASTA) - EXHIBIT C <br />REV: 04-22-25 VR <br /> <br />Page 23 of 224
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