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may involve preparation and consideration of input from interested organizations and individuals; <br />that 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 />preparation of the required CEQA and NEPA documentation for the Affordable Development, The <br />Developer will not be responsible for the payment of any City fees or costs associated with <br />processing of the draft and final environmental review documents needed for the respective the <br />project approvals for the Affordable Development. As of the Execution Date, and as described in <br />Recital N, all environmental review in compliance with CEQA has been completed for the <br />Affordable Development in connection with the Affordable Development Project Approvals. <br />ARTICLE 5. <br />TRANSFERS <br />Section 5.1 Transfers. As used in this Article, the term "Transfer" means: <br />(a) Any total or partial sale, assignment or conveyance, or any trust or power, <br />or any transfer in any other mode or form, of or with respect to this Agreement or the fee interest <br />in the Affordable Site or fee estate in the improvements or any part thereof or any interest therein, <br />of the improvements constructed thereon; <br />(b) Any total or partial sale, assignment or conveyance, any trust or power, or <br />any transfer in any other mode or form, of or with respect to any interests in Developer; <br />(c) Any total or partial sale, assignment or conveyance, any trust or power, or <br />any transfer in any other mode or form, of or with respect to the membership interests in Qualified <br />Designee or any partner or member of Qualified Designee or any contract to any of the same, <br />including without limitation, any transfer or sale of any interest in Qualified Designee for financing <br />purposes unless approved by the City as part of the approved Financing Plan; <br />(d) Any merger, consolidation, sale, lease, assignment or conveyance of all or <br />substantially all of the assets of Qualified Designee; <br />(e) Any action that results in the change, removal, replacement or otherwise of <br />the Developer; or <br />(f) Any action that results in the change, removal, replacement or otherwise of <br />the Qualified Designee. <br />Section 5.2 Purpose of Restriction. This Agreement is entered into with the Developer <br />and the Qualified Designee solely for the purpose of facilitating the transfer of the Affordable Site, <br />and its subsequent use in accordance with the terms of this Agreement, and not for speculation in <br />ATTY/AGR/2025.084/920 SHASTA AFFORDABLE HOUSING LAND DONATION AGREEMENT <br />REV: 10-16-25 VR <br />Page 24 of 41 <br />