Common use of Development of the Property Clause in Contracts

Development of the Property. SECTION 301 Land Use Approvals It is the responsibility of Developer, without cost to City, to ensure that zoning of the Property and all applicable City land use requirements will permit development of the Property and construction of the Improvements and the use, operation and maintenance of such Improvements in accordance with the provisions of this Agreement. The following shall be conditions of the Close of Escrow and shall be accomplished by the date set forth in the Schedule of Performance (Attachment No. 5): (A) Developer shall submit and Mayor shall approve complete Design Development Drawings; (B) Developer shall obtain all entitlements, approvals, variances and permits necessary for the commencement of excavation and grading in connection with construction of the Improvements; and (C) Developer shall satisfy all other conditions precedent to the Close of Escrow as set forth in the Method of Financing (Attachment No. 4). Nothing contained herein shall be deemed to entitle Developer to any City of San Diego permit or other City approval necessary for the development of the Property, or waive any applicable City requirements relating thereto. This Agreement does not (a) grant any land use entitlement to Developer, (b) supersede, nullify or amend any condition which may be imposed by the City of San Diego in connection with approval of the development described herein, (c) guarantee to Developer or any other party any profits from the development of the Property, or (d) amend any City laws, codes or rules. This is not a Development Agreement as provided in California Government Code section 65864. Without cost to City, City shall provide appropriate technical assistance to Developer in connection with Developer’s obtaining all necessary entitlements, permits and approvals for the construction of the Improvements, qualifying for the City’s Affordable Infill Housing Expedite Program and obtaining deferral of City-imposed fees until issuance of certificates of occupancy, as applicable.

Development of the Property. SECTION 301 Land Use Approvals Approvals a. It is the responsibility of DeveloperOwner, without cost to CityAgency, to ensure that zoning of the Property and all applicable City land use requirements will permit development of the Property and construction of the Improvements and the use, operation and maintenance of such Improvements in accordance with the provisions of this Agreement. The following shall be conditions of the Close of Escrow Closing and shall be accomplished by the date set forth in the Schedule of Performance (Attachment No. 5): (A) Developer Owner shall submit and Mayor Executive Director shall approve complete Design Development Final Construction Drawings; (B) Developer Owner shall obtain all entitlements, approvals, variances and permits (as set forth in Section 207j. above) necessary for the commencement of excavation and grading in connection with construction of the Improvements; Improvements and (C) Developer Owner shall satisfy all other conditions precedent to the Close of Escrow Closing as set forth herein and in the Method of Financing (Attachment No. 4)Financing. Nothing contained herein shall be deemed to entitle Developer Owner to any City of San Diego permit or other City approval necessary for the development of the Property, or waive any applicable City requirements relating thereto. This Agreement does not (a) grant any land use entitlement to DeveloperOwner, (b) supersede, nullify or amend any condition which may be imposed by the City of San Diego in connection with approval of the development described herein, (c) guarantee to Developer Owner or any other party any profits from the development of the Property, or (d) amend any City laws, codes or rules. This is not a Development Agreement as provided in California Government Code section Section 65864. Without cost to Owner shall comply with all applicable conditions of approval required by the City. Owner shall also comply with all Land Use Approvals. b. To the extent permitted by law, Owner shall defend, hold harmless and indemnify the Agency, the City, CCDC, SEDC and their respective members, agents, representatives and employees from and against any and all actions, claims, liabilities, damages, injuries, and/or challenges arising from the approval of any and all entitlements or permits relating to the Property by the City and/or the Agency. Owner further agrees that such defense, indemnification and hold harmless obligation shall provide appropriate technical assistance to Developer include all fees and costs reasonably incurred in connection with Developer’s obtaining all necessary entitlements, permits and approvals for the construction defense of the ImprovementsAgency, qualifying for the City’s Affordable Infill Housing Expedite Program , CCDC and obtaining deferral SEDC and their respective members, agents, representatives and employees by counsel selected by the Agency and/or City. The foregoing defense and indemnification obligations shall survive termination of City-imposed fees until issuance this Agreement and the Closing and shall continue after Completion, the recordation of certificates the Release of occupancy, as applicableConstruction Covenants (Improvements) and recordation of the Release of Construction Covenants (Senior).

Development of the Property. SECTION 301 Land Use Approvals It is the responsibility of Developer, without cost to City, to ensure that zoning of the Property and all applicable City land use requirements will permit development of the Property and construction of the Improvements and the use, operation and maintenance of such Improvements in accordance with the provisions of this Agreement. The following shall be conditions of the Close of Escrow and shall be accomplished by the date set forth in the Schedule of Performance (Attachment No. 5): ), subject to extension for Force Majeure Events: (A) Developer shall submit and Mayor shall approve have obtained Approval of the City of the complete Design Development Drawings; (B) Developer shall obtain have obtained Approval of the City and issuance of all entitlements, approvals and variance and permit necessary for the commencement of excavation and grading in connection with the construction of the Improvements; (C) Developer shall have obtained Approval of the City of all entitlements, approvals, variances and permits necessary for the commencement of excavation and grading in connection with construction of the Improvements; Improvements and all appeals periods shall have expired without the perfection of any appeals or, if any appeals are perfected, all such appeals shall have been dismissed with prejudice or otherwise expired and (CD) Developer shall satisfy all other conditions precedent to the Close of Escrow as set forth in the Method of Financing (Attachment No. 4). Nothing contained herein shall be deemed to entitle Developer to any City of San Diego permit or other City approval necessary for the development of the Property, or waive any applicable City requirements relating thereto. This Agreement does not (a) grant any land use entitlement to Developer, (b) supersede, nullify or amend any condition which may be imposed by the City of San Diego in connection with approval of the development described herein, (c) guarantee to Developer or any other party any profits from the development of the Property, or (d) amend any City laws, codes or rules. This is not a Development Agreement as provided in California Government Code section 65864. Without At Developer’s request, but without cost to City, City shall provide appropriate technical assistance to Developer in connection with Developer’s obtaining all necessary entitlements, permits and approvals for the construction of the Improvements, qualifying for the City’s Affordable Infill Housing Expedite Program and obtaining deferral of City-imposed fees until issuance of certificates of occupancy, as applicable.

Development of the Property. SECTION 301 Land Use Approvals It is the responsibility of Developer, without cost to City, to ensure that zoning of the Property and all applicable City land use requirements will permit development of the Property and construction of the Improvements and the use, operation and maintenance of such Improvements in accordance with the provisions of this Agreement. The following shall be conditions of the Close of Escrow Closing and shall be accomplished by the date set forth in the Schedule of Performance (Attachment No. 5): (A) Developer shall submit and Mayor shall approve complete Design Development Final Construction Drawings; (B) Developer shall obtain all entitlements, approvals, variances and permits necessary for the commencement of excavation and grading in connection with construction of the Improvements; Improvements and (C) Developer shall satisfy all other conditions precedent to the Close of Escrow Closing as set forth in the Method of Financing (Attachment No. 4)Financing. Nothing contained herein shall be deemed to entitle Developer to any City of San Diego permit or other City approval necessary for the development of the Property, or waive any applicable City requirements relating thereto. This Agreement does not (a) grant any land use entitlement to Developer, (b) supersede, nullify or amend any condition which may be imposed by the City of San Diego in connection with approval of the development described herein, (c) guarantee to Developer or any other party any profits from the development of the Property, or (d) amend any City laws, codes or rules. This is not a Development Agreement as provided in California Government Code section Section 65864. Without cost to City, City shall provide appropriate technical assistance to Developer in connection with Developer’s obtaining all necessary entitlements, permits and approvals for the construction of the Improvements, qualifying for the City’s Affordable Infill Housing Expedite Program and obtaining deferral of City-imposed fees until issuance of certificates of occupancy, as applicable.