25F - AGMT - 605-611 EAST WASHINGTON ST LOAN

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Any material change to the approved Project Budget requested by Developer shall be subject to the prior written approval of the Executive Director. 300. DEVELOPMENT OF THE SITE 301. Scope of Development. Subject to all of the other terms and conditions set forth in this Agreement, Developer shall develop or cause the development of the Improvements on the Property in accordance with the Scope of Development, the City of Santa Ana's Municipal Code, and the Basic Concept and Schematic Drawings and Design Development Drawings submitted by Developer and reasonably approved by the City and Agency as set forth herein, at all times set forth in the Schedule of Performance. The Improvements shall generally consist of the construction of a thirty-six (36) unit multi-family residential Project on the Property (including eight (8) two-bedroom units, twenty-seven (27) three-bedroom units, and one (1) five-bedroom unit), along with associated landscaping and other required onsite and offsite improvements. The Improvements are generally depicted on the Site Plan and described in the Scope of Development. 302. Design Review. 302.1 Developer Submissions. Within the time set forth in the Schedule of Performance and as a Condition Precedent to disbursement of any portion of the Loans, the Developer shall submit to the Agency/City any and all plans and drawings which may be required by the City with respect to any permits and land use entitlements which are required to be obtained to develop the Improvements, and such plans for the Improvements as required by the City in order for the Developer to obtain Building Permits for the Improvements (collectively, the "Design Development Drawings"). Within thirty (30) days after the Agency/City's disapproval or conditional approval of such plans, the Developer shall revise the portions of such plans identified by the Agency/City as requiring revisions and resubmit the revised plans to the Agency/City. The Design Development Drawings shall be consistent with the Site Plan and the approved Basic Concept and Schematic Drawings. 302.1.1 Special Development Requirements. The Design Development Drawings shall, to the extent compatible with applicable design requirements of the City of Santa Ana and the Project Documents, incorporate design elements and building practices that will reduce the maintenance and utility costs, and also reduce the adverse environmental impacts otherwise associated with residential construction. Such design elements and practices may include, but are not limited to passive solar design, environmentally sensitive landscaping, installation of energy efficient furnaces and water heaters (Energy Star Appliances), and installation of high efficiency toilets. 302.2 City Review and Approval. The City and the Agency shall have all rights to review and approve or disapprove all Design Development Drawings and other required submittals in accordance with the Santa Ana Municipal Code and this Agreement, and nothing set forth in this Agreement shall be construed as the City/Agency's approval of any or all of the Design Development Drawings. 302.3 Basic Concept and Schematic Drawings. The Basic Concept and Schematic Drawings for the Project were submitted to the Agency and City prior to the execution of this Agreement by Developer. Agency and City shall review and approve, conditionally approve or disapprove the Basic Concept Drawings for the Project (and Developer shall make any required revisions) within the time set forth in the Schedule of Performance. The Basic Concept and 10 25F-16