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STATION DIST DDA WITH CRA
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STATION DIST DDA WITH CRA
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7/29/2020 4:28:28 PM
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9/27/2010 1:29:49 PM
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Improvements, specifically showing a s i to plan, external fagade improvements, and elevations of <br />all four sides f the Developer Improvem n is (collectively, the "'Conceptual Site Plan"). <br />02.2 Revisions. I f the I evel p rr desires to propose any revisions to the <br />Agency approved Conceptual Site Plan, it shall submit such proposed changes to the Agency, <br />and shall also proceed in accordance with any and all State and local law and regulations <br />regarding such revisions. At the sole discretion of the Agency, if any material change in the <br />basic uses of any Phase of the Site is proposed in the Conceptual Site Plan from the basic uses of <br />such Phase of the Site as provided for in this Agreement, then this Agreement is sub j ect to <br />renegotiation of all terms and conditions, including without limitation, the economic terms of <br />this Agreement with respect to such Plus a of the Site. If the Conceptual Site Plan for a Phase, as <br />modified by the proposed change, generally and substantially conform to the requirements of this <br />s <br />Section 302, the Agency Executive Director shaJI review the proposed change and notify the <br />Developer in writing within fifteen 1 days after submission to the Agency as to whether the <br />proposed change is approved or disapproved. The Agency's Executive Director is authorized, <br />but not obllga ted , to approve changes that 1 do not significantly mo d if the overall cost of the <br />Development I pro m nis; do not reduce the quality of materials to he used; and do not <br />reduce the imaginative and unique qualities of the project design. <br />302.3 I of ds in Plans. The Agency shall not be responsible either to the <br />Developer or to third parties in any way for any defects i n the Conceptual Site Plan, nor for any <br />structural or other defects in any work done according to the approved Conceptual Site Plan, nor <br />for any delays reasonably caused by the review and approval processes established by this <br />Section o . The Developer shall hold harmless, ind nmify and defend the Agency, the City and <br />their respective officers, employees, agents and representatives from and against any claims, <br />suits for damage to property or injuries to persons arising out of or in any way relating to defects <br />in the Conceptual Site Plan, including without limitation, the violation of any jaws, and for <br />defects in any work done according to the approved Conceptual Site Place. <br />302.4 Use of Architectural Plans. In the event this Agreement is terminated <br />pursuant to Section 303.1 below, the Agency shall become the owner and have the right to use <br />any Conceptual Site Plan and/or architectural plans which are submitted to the Agency by the <br />Developer p u rs u t to this Section 302. To this end, concurrently with receipt by Developer of <br />the reimbursement ont mpl acted by Section 303.1, the Developer shall execute and cause the <br />Developer Parties to execute s u h documentation as may be reasonably r qu ired by Agency to <br />confirm and evidence such ownership. <br />302. 5 Agen y Executive Director Approval. Whenever Age n approval is <br />required under this Section 302, such approval may be by the Agency Executive Dire for or his <br />or her designee. <br />303. Land Use Approvals. Before commencement of construction of any Phase of <br />the Developer Improvements or other works of improvement pursuant to this Agreement, the <br />D eve lope r skirl 1, at i is own expense, use its cornmer iall y reasonable efforts to secure or cause to <br />be secured any and all land u s and other ntitlements , permits and approvals which may be <br />required for such Phase of the Developer Improvements by the i ty or any other governmental <br />agency affected by such construction or work "`Land Use Approvals"). The Agency will, upon <br />C <br />D0O114673v 14/200272 -01 <br />
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