NS-2413 - Laserfiche WebLink

Home Browse Search

285 5.6 Processing Fees. All fees and charges intended to cover City costs associated with processing development of the Property, including but not limited to fees and charges for applications, processing, inspections, plan review, plan processing, and/or environmental review, which are existing or may be revised or adopted during the term of this Agreement, shall apply to the development of the Property. 5.7 Amendments or Additions to Citywide Fee Programs. This Agreement shall not preclude the inclusion of and changes to fee programs, taxes whether special or general, or assessments (hereafter collectively referred to as "fees") adopted by the City after the effective date of this Agreement, which shall be applicable to the Project or the Property provided that they (1) are standard fees applicable to all development in the City (although actual fee rates may vary within the City where bona fide Citywide fee zones have been established), (2) are not applicable primarily or only to this Project, or (3) are not imposed to either (a) mitigate, offset or compensate for Project impacts which were analyzed in the negative declaration prepared for the Project, or Co) duplicate any project design features conditions of approval, agreements, or mitigation measures contained in the Development Plan or this Agreement. 5.8 Development, Construction and Completion of Project. For valuable consideration, the Owner has been legally vested under Section 5.1 and 5.2 with regard to the permitted uses of land, density, and intensity of use. The Facilities described in section 5.1 must be designed and construction commenced prior to the eighth armiversary date of this Agreement as specified in Section 4.2. After the effective date of this Agreement, and during the duration hereof, Owner shall have the right to secure the necessary permits and approvals necessary to continue to pursue the refurbishment and/or redevelopment of the Property in accordance with the terms and conditions of this Agreement, including without limitation, all permits fi-om the City of Santa Ana. Any refurbishment and/or redevelopment project shall be initiated by Owner during the term of this Agreement provided, however, Owner shall not be required by this Agreement to initiate any such development. Any development that is initiated by the Owner, however, shall be in compliance with this Agreement and Owner shall perform all of its obligations under this Agreement, 5.9 Responsibility For Costs of Development of Retail Center. The City and Owner agree that Owner shall be responsible for all costs associated with the design and construction of the Retail center. 5.10 Conditions of Discretionary Approvals. The requirements imposed as conditions of any discretionary approval received through the City's existing regulatory process shall be governed by the terms of those approvals, and in no event shall such conditions be affected by the termination, cancellation, rescission, revocation, or default or expiration of this Agreement. 5. I 1 Compliance With Governmental Requirements. Subject to the terms and provisions of this Agreement, Owner shall carry out the design, construction, and operation of the Project in substantial conformity with all applicable laws, ordinances, statutes, codes, 11/12/99 11:44 AM