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§314 Land Use Regulations <br /> <br /> Developer enters into this Agreement with the understanding that the Project is consistent <br />with the General Plan of the City, and upon Developer's receipt of the requisite approvals for <br />construction thereof, the Project will, if constructed, be constructed and operated under the <br />applicable provisions of the Redevelopment Plan and, to the extent incorporated by reference in <br />the Redevelopment Plan, any applicable provisions of other land use regulations of the City. <br />Any material change in one or more of the aforesaid land use regulations prior to the issuance of <br />the Certificate of Completion that adversely affects the construction or intended operation of the <br />Project shall be grounds for termination of this Agreement by Developer pursuant to Section <br />807. <br /> <br /> §315 Reserved <br /> <br /> §316 Preliminary Work by Developer <br /> <br /> The Agency and the City understand and acknowledge that Developer may desire to <br />obtain access to the Agency or Acquisition Parcels as soon as practicable in order to undertake <br />testing and other work related to Developer's due diligence investigation of the Project Site, and <br />Agency and the City agree to cooperate with Developer and to use their best efforts to provide <br />access to the Agency or Acquisition Parcels as and when reasonably needed by Developer. Any <br />preliminary work undertaken on any of the Agency or Acquisition Parcels by Developer after <br />acquisition by the Agency but prior to conveyance of title or delivery of possession to Developer <br />shall be done only after written consent of the Agency, which shall not be unreasonably <br />withheld, conditioned or delayed and at the sole expense of Developer. Developer shall save and <br />protect the Agency, against any claims resulting from such preliminary work, access or use, and <br />execute such documents as are customarily required by the Agency for entry onto public <br />property. The Executive Director is authorized to execute such documents for Developer's entry <br />onto property owned or possessed by the Agency without further action by the Agency. Copies <br />of data, surveys and tests obtained or made by Developer during the course of said preliminary <br />work shall bc filed with the Agency within fifteen (15) days after receipt by Developer. Any <br />preliminary work by Developer shall be undertaken only after securing all necessary permits <br />from the appropriate governmental agencies. <br /> <br /> §317 Reserved <br /> <br /> §318 Submission of Evidence of Equity Capital and Mortgage Financing <br /> <br /> If Developer finances the development of the Project and related activities with mortgage <br />financing, (i) such financing shall be subject to the approval of the Agency, which approval will <br />not be unreasonably withheld, conditioned or delayed, and (ii) no later than the time specified in <br />the Schedule of Performance, Developer shall submit to the Agency evidence satisfactory to the <br />Agency that Developer has financing commitments necessary for all costs related to the <br />acquisition of the land and development of the Project. <br /> <br /> 14 <br />DOCSSF1:648942.4 <br />9975 -5 C 14 <br /> 120502 <br /> <br /> <br />