Res99 RD-99-30 - Laserfiche WebLink

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§316 Land Use Re¢ulations IAC enters into this Agreement with the understanding that the IAC Project is consistent with the General Plan of the City, the Franklin Street Area Plan and the Redevelopment Pian, and upon IAC's receipt of the requisite approvals for construction thereof, the IAC Project will, if constructed, be constructed and operated under the applicable provisions of the Redevelopment Plan and, to the extent incorporated by reference in the Redevelopment Plan, any applicable provisions of other land use regulations of the City. Any material change in one or more of the aforesaid land use regulations prior to the issuance of the Certificate of Completion that adversely affects the construction or intended operation of the IAC Project shall be grounds for termination of this Agreement by IAC pursuant to Section 807. §317 Intentionallv Omitted §318 Condition of the Acauisition Parcels and the Proiect Site If an Election to Proceed is made pursuant to Section 304(Dl, the Acquisition Pazcels shall be conveyed to IAC in an"as is" condition, and, unless otherwise agreed upon pursuant to Section 304(Cl, the Agency shall not be responsible under this Agreement for the cost of any items of site work nor for any condition whatever that may be discovered on the IAC Project Site at any time. The Agency makes no representarion whatsoever regazding the condition of the Acquisition Pazcels or of IAC Project Site or their suitability for the construction and operation of the IAC Project thereon. It has been or shall be the sole responsibility of IAC, at IAC's sole expense, to investigate and determine the soil and geologic wnditions of the IAC Ptoject Site (including the presence of toxic or hazardous materials) and the suitability and economic feasibility of the IAC Project Site for the construction of the IAC Project and the IAC Project Infrastruchue. If IAC elects to proceed with the IAC Project pursuant to Section 304(Dl, IAC shall have the option to take such action including, but not limited to, instituting any legal action against culpable parties, as may be necessary to place the soil and geologic conditions of the IAC Project Site and IAC Project Infrastructure i� a condition suitable for the development of the IAC Project. §319 Preliminarv Work bv IAC Any preliminary work undertaken on any of the Acquisition Pazcels by IAC after acquisition by the Agency but prior to conveyance of title or delivery of possession to IAC, shall be done only after written consent of the Agency, which shall not be unreasonably withheld, and at the sole expense of IAC. IAC shall save and protect the Agency against any claims resulting from such preliminary work, access or use, and execute such documents as aze customarily required by the Ageacy for entry onto property owned or possessed by the Agency. The Executive Director is authorized to execute such documents for IAC's entry onto property owned or possessed by the Agency without further action by the Agency. Copies of data, surveys and tests so obtained or made by IAC shall be filed with the Agency within fifteen (15) days after receipt by IAC. Any preliminary work by IAC shall be undertaken only afrer securing all necessary permits from the appropriate govemmental agencies. 16 = 9627�.8397625