THRIVE SANTA ANA, INC. (2) - Laserfiche WebLink

Home Browse Search

4.2.5 Developer Payment of Costs and Fees. The Developer and the City agree that the City shall not provide any financial assistance to the Developer in connection with the construction or installation of the Project. This provision does not preclude support to the Developer including, but not limited to, discretionary funds. The Developer shall be solely responsible for paying for the costs of all design work, construction, labor, materials, fees, permits, applications, and other expenses associated with the Project. The Developer shall pay any and all fees pertaining to the review and approval of the Project by each Government and utility service providers, including the costs ofpreparation of all required construction, planning and other documents reasonably required by each Government or utility service provider pertinent to the construction, installation or operation of the Project on the Property, including, but not limited to, specifications, drawings, plans, maps, permit applications, land use applications, zoning applications, environmental review and disclosure documents and design review documents. The Developer shall obtain any and all necessary governmental approvals, prior to the commencement of applicable portions of construction and installation of the Project, and the Developer shall take reasonable precautions to ensure the safety and stability of surrounding properties during the construction and installation of the Project. 4.2.6. CEQA. The conceptual Project components may be revised and refined by the entitlement application process that Developer intends to pursue once this Agreement is approved by the City Council to obtain the necessary entitlements, which will take place in accordance with the Schedule of Performance and as otherwise provided for herein. Accordingly, the foregoing conceptual Project components will be subject to further consideration and approval by City in accordance with applicable laws and regulations, including City's review under the California Environmental Quality Act (Public Resources Code § 21000 et seq. and CEQA Guidelines § 15000 et seq.) ("CEQA"). As described more fully herein, Developer's development of the Site is conditioned on City completing its compliance with CEQA before City considers whether or not to approve the Project or any of its components. By entering into this Agreement, City is not committing itself to approve the Project or any component of the Project. However, as detailed more fully herein, City will undertake the steps necessary so that it may properly consider, in the future, whether or not to approve the Project. As part of this consideration and as may be required for purposes of CEQA compliance, it is understood and agreed by the parties that City may consider alternatives to the Project or any of its components; it may impose feasible measures upon the Project to mitigate identified significant impacts; it may condition approval of the Project on Developer's willingness to modify the Project; or it may deny the Project altogether. Accordingly, City is retaining its full discretion within the bounds of applicable laws in considering the Project. 4.3 Developer Changes to Project Plans and Specifications During Course of Construction. The Developer shall have the right, during the course of construction of the Project, to make "minor field changes," without seeking the approval of the City, if such changes do not affect the type of use to be conducted within all or any portion of a structure. "Minor field changes" shall be defined as those changes from the approved construction drawings, plans and specifications that have no substantial effect on the Project and are made in order to expedite the work of construction in response to field conditions. Nothing contained in this Section 4.3 shall be deemed to constitute a waiver of or change in any Approvals governing any such "minor field changes" or in any Approvals by any Government otherwise required for any such "minor field changes." 16