4.5. SR 06-04-2018 - Laserfiche WebLink

Home Browse Search

the Developer (the "Sworn Construction Cost Statement'). The Construction Plans for the Project shall be consistent with the Site Plan and Design Drawings. The City shall promptly review any Construction Plans upon submission and deliver to the Developer a written statement approving the Construction Plans or a written statement rejecting the Construction Plans and specifying the deficiencies in the Construction Plans. The City shall approve the Construction Plans if. (i) the Construction Plans substantially conform to the terms and conditions of this Agreement; (ii) the Construction Plans are consistent with the goals and objectives of the Development Program; (iii) the Construction Plans comply with the Site Plan and Design Drawings; and (iv) the Construction Plans do not violate any applicable federal, State or local laws, ordinances, rules or regulations. If the Construction Plans are not approved by the City, then the Developer shall make such changes as the City may reasonably require and resubmit the Construction Plans to the City for_ approval, which will not be unreasonably withheld, unreasonably conditioned or unreasonably delayed. The City acknowledges that upon execution of this Agreement the Developer will have submitted Construction Plans sufficient to obtain a grading permit for the Project. (2) The approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City does not constitute a representation or warranty by the City that the Construction Plans or the Project comply with any applicable building code, health or safety regulation, zoning regulation, environmental law or other law or regulation, or that the Project will meet the qualifications for issuance of a certificate of occupancy, or that the Project will meet the requirements of the Developer or any other users of the Project. Approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City will not constitute a waiver of an Event of Default. Nothing in this Agreement shall be construed to relieve the Developer of its obligations to receive any required approval of the Construction Plans from any City department. Section 3.7. Commencement and Completion of Construction. Subject to the terms and conditions of this Agreement and to Unavoidable Delays, the Developer will commence construction of the Project by December 31, 2018 and shall substantially complete the Project by December 31, 2019. Notwithstanding the foregoing, failure of the Developer to substantially complete the Project shall not be an Event of Default unless the Developer fails to commence construction of the Project by June 30, 2019 or the Developer fails to obtain a certificate of occupancy for the Project by June 30, 2020. The Project will be constructed by the Developer on the Development Property in conformity with the Construction Plans approved by the City. Prior to commencing foundations or any construction of the Project beyond grading, the Developer (i) shall provide a certificate from an engineer from Independent Testing Technologies, Inc. certifying that the work described in the Geotechnical Report has been constructed in accordance with the Geotechnical Report and (ii) shall have obtained a building permit from the City in accordance with the City Code, ordinances, requirements and procedures. No changes shall be made to the Construction Plans for the Project without the City's prior written approval, unless the aggregate of such changes do not increase or decrease the Total Development Costs by more than 10%. No changes which materially alter (a) the Project's site plan, (b) exterior appearance, (c) construction quality, (d) the adequacy of the foundation support as required by the Geotechnical Report, or (e) exterior materials included in the Preliminary Plans, final Design Drawings and Construction Plans shall be made without the City's prior written consent. The approval of the City will not be unreasonably withheld, conditioned or 11 5193948 JSB ELI 85-49