Laserfiche WebLink
local modification to unplement the published recommendations of the multi-state organization and <br />which are applicable City-wide) <br />2.58 "Utility Release(s)" means the formal approval of the City Building <br />Department, following its inspection, that Residential Unit(s) may be released for initial connection <br />to the electrical power system, water service system, gas service system, and sanitary sewer system. <br />Utility Release(s) do not include temporary utility service provided to any structure during <br />construction. <br />2.59 "Work(s) of Public Art" is defined in Section 5.1.7. <br />3. EXHIBITS. The following documents referred to in the Agreement are attached to <br />this Agreement and are identified as follows: <br />Exhibit <br />Designate Description <br />A Property Legal Description <br />B Public Art Plan <br />C Cooperative Agreement for Off-Site <br /> Improvements <br />D Public Improvements <br />E Avigation Easement <br />F Lake Improvements <br />4. GENERAL PROVISIONS. <br />Referred to <br />in Section(s) <br />1.1.1(2), <br />2.44 <br />2.46, 5.1.7 <br />2.15, 5.1.1 <br />2.47, 5.1.2 <br />2.6, 5.1.5 <br />5.1.12 <br />4.I Duration of Agreement. The term of this Agreement shall be for ten (10) <br />years; provided, however that the Owner may request one two-year extension from the Executive <br />Director of the Planning and Building Safety Agency, which request shall not be unreasonably <br />denied and provided further that this Agreement shall automatically terminate upon the latter to occur <br />of (i) completion of construction of the entire Project or (ii) the granting of Certificates of Occupancy <br />(or similar permission to occupy) for the final Element of the Project and sale of all Residential units. <br />4.2 Assignment. Except as provided in Section 4.3 and prior to completion of <br />the Project or any Element thereof, Owner (and/or Integral with respect to the Integral Project, if <br />owner assigns the Integral Project to Integral) shall not have the right to transfer or assign this <br />Agreement with respect to all or any portion of the Property to any person, entity (public or private), <br />partnership, joint venture, firm or corporation unless the written consent of the City is first obtained, <br />acting in its reasonable discretion. In exercising its reasonable discretion, the City shall limit its <br />review to the development experience and financial capability of the proposed assignee or transferee <br />and shall approve any such assignment or transfer if the proposed assignee or transferee has financial <br />capability and development experience with respect to the Project equal to or greater than the <br />managing member of Owner (or Integral in the case of the Integral Project after assignment of the <br />Integral Project). Any transfer or assignment of rights under (i) Section 4.3, or (ii) requiring City <br />Council consent under this Section 4.2 shall include an assignment and assumption agreement <br />confirming that the duties obligations and liabilities arising from this Agreement with respect to all or <br />any portion of the Property shall be assumed by the transferee. To the extent permitted by law, the <br />rights of the Owner hereunder shall not be subject to assignment by attachment, execution, or <br />7 <br />DOCSOC/1110339v 11 /24579-0001 <br />75A-20 <br />