Laserfiche WebLink
request of Developer, issue whatever documentation may be required <br />to evidence Developer's satisfaction of the aforesaid condition. <br />Except as provided hereinabove, the Developer may draw building <br />permits for any part of Phase I of the Development of the Property <br />at Developer's discretion. The ultimate order and timing of Phase <br />II of the development of the Property shall be left to the <br />discretion of the Developer. Subject only to the aforesaid <br />condition on Phase I of the Development and to the requirements for <br />a live performance theater in Section 10 of this Agreement, the <br />Developer may determine to build all or none or only a portion of <br />the Development, and at density less than the maximum density <br />allowed in the Plan. In the event that the total square footage of <br />nonresidential buildings in Phase I, as finally constructed, is <br />less than the maximum square footage allowed for nonresidential <br />buildings in Phase I by Exhibit C, the maximum square footage <br />allowed in Exhibit C for nonresidential buildings in Phase II shall <br />be increased by the amount of the difference. <br />5. Processing of Applications and Permits. <br />The City will accept and process, review and grant, <br />without undue delay, all applications for grading permits, building <br />permits, land use approvals, final site plans, tentative maps, <br />parcel maps, final maps, resubdivisions, map amendments, lot line <br />adjustments, encroachment permits, sewer and water connection <br />permits, business licenses, temporary and permanent certificates of <br />occupancy, or other entitlements or permits with respect to the <br />development and the use of the Property which are in conformity <br />with this Development Agreement, the Approvals, the Existing <br />Development Regulations, and other applicable regulations. <br />Throughout the term of this Development Agreement, Developer shall <br />have the right, at its election and without risk to the entitle- <br />ments vested by the Development Agreement, to apply for revisions <br />to any approved site plan for the Development, and such applica- <br />tions shall be reviewed as set forth in this Section 5 and in <br />Section 6 of this Agreement. It is understood by the parties to <br />this Development Agreement that pursuant to existing law, develop- <br />ment review approvals shall not remain valid for the term of this <br />Development Agreement, but only for the term of such development <br />review approvals. Accordingly, throughout the term of this <br />Development Agreement, the Developer shall have the right, at its <br />election, to file new development review applications on portions <br />of the Development where any previously approved development review <br />approvals have expired. Any new development review applications <br />filed for the Development shall be reviewed in accordance with this <br />Section 5 and in Section 6 of this Agreement. <br />6. Development Review. <br />Nothing set forth herein shall impair or interfere with <br />the right of the City to require the processing of building permits <br />as required by law and to conduct its development review of any <br />2 <br />