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Agmt01 Western Innisfree Ventures LLC
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Agmt01 Western Innisfree Ventures LLC
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Last modified
10/12/2006 5:01:24 PM
Creation date
1/20/2004 9:43:23 AM
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Template:
Agreement
Contractor Name
BHV Western Innisfree Ventures (predecessor-in-interest to On Broadway Redwood City, LLC)
PROJECT NAME
Downtown Retail Cinema & Parking Project, Disposition & Development Agmt (DDA)
RMP File Number
304
Date
1/29/2001
Reso Ref
RD 00-48, RD 01-61, 14140, 14141, 14733
MO Ref
01-16, 04-17, RD 04-02
Amendment
Yes
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the Project Guidelines if such revisions materially alter the design, mass, ability to timely <br />perform or financial feasibility of the Project. The Agency shall provide reasonable assistance <br />to Developer in securing approval by the City of the improvements contemplated by the Project <br />Guidelines. <br /> <br /> §503 Pro_iect Review and Approval <br /> <br /> If any revisions or corrections of plans subject to approval by the Agency shall be <br />required by any other governmental agency having jurisdiction, the Developer and the Agency <br />staff shall cooperate in efforts to comply with such requirements, or to develop a mutually <br />acceptable altemative, as may be appropriate. If no such waiver is obtained and no such <br />alternative is developed, the Agency and the Developer shall be bound by such revisions or <br />corrections if they are not materially inconsistent with the Project Guidelines and related <br />documents and approved plans. If such revisions or corrections are materially inconsistent with <br />the approved Project Guidelines and related documents and approved plans, then Developer shall <br />have the fight to terminate this Agreement pursuant to Section 807 hereof. <br /> <br /> Before commencement of demolition, construction or development of any buildings, <br />structures or other works of improvement upon any portion of the Project Site, Developer shall, <br />at its own expense, secure or cause to be secured any and all permits which may be required by <br />the City or any other governmental agency having jurisdiction over such demolition, <br />construction, development or work. <br /> <br /> The Agency will cooperate with Developer and use its best efforts to assist Developer in <br />processing applications for all reqff~red City permits and in securing the Project Approvals and <br />other governmental agencies' authorizations and pemfits needed to implement this Agreement <br />and to develop and construct the Project. <br /> <br /> In accordance with the schedule set forth in the Schedule of Performance, the Developer <br />and the City shall enter into a Development Agreement incorporating the conditions and <br />approvals relating to the development, construction and occupancy of the Project and the <br />entitlements obtained by the Developer for such development, construction and occupancy. <br /> <br /> §504 Cost of Construction <br /> <br /> Subject to the terms and provisions of this Agreement, the cost of developing the <br />Project and constructing all improvements thereon shall be borne by Developer. <br /> <br /> §505 Construction Schedule <br /> <br /> After the conveyance of title or possession in accordance with this Agreement and the <br />granting of all permits and approvals as contemplated in this Agreement, the Developer shall <br />promptly begin and thereafter complete the preparation of the Project Site for conslxuction, and <br />the construction of the improvements and the development of the Project Site (including <br />construction of the Public Parking Structure pursuant to the Design Build Agreement between <br />the City and Developer) in accordance with the Schedule of Performance. The Developer shall <br />begin and complete all construction and development within the times specified in the Schedule <br />of Perfmmanee or such reasonable extension of said times as may be granted by the Agency in <br />accordance with this Agreement. The Schedule of Performance is subject to revision from time- <br />to-time as mutually agreed upon in writing between the Developer and the Agency. <br /> <br /> During the period of construction, but not more frequently than once a month, the <br />Developer shall submit to the Agency a written progress report of the construction when and as <br /> <br />DOGSSFl:495065.9 <br />9975-5 <br /> <br /> <br />
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