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

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Schematic Drawings generally depict all improvements and include the Site Plan, all exterior elevations, renderings showing the exterior design, architectural style, and appearance of the affordable housing development, landscaping concepts, and the interior floor plans for each unit to be developed on the Property. The objective of the Basic Concept and Schematic Drawings prepared and submitted by the Developer to the City was to provide reasonable opportunity to evaluate the aesthetic appearance, neighborhood compatibility, and general scope and quality of the Project on the Property. The Improvements shall be developed in accordance with the approved Basic Concept and Schematic Drawings and related documents, except for such changes which may be mutually agreed upon between the Developer and the Executive Director. Any such changes shall be within the limitations established in the approved Design Development Drawings. In the event of any inconsistency between the Design Development Drawings and the Basic Concept and Schematic Drawings, the approved Design Development Drawings shall govern. 302.4 Revisions. Any and all change orders or revisions required by the City and its inspectors which are required under the Municipal Code and all other applicable Uniform Codes (e.g. Building, Plumbing, Fire, Electrical, etc.) and under other applicable laws and regulations shall be included by the Developer in its Design Development Drawings and other required submittals and shall be completed during the construction of the Improvements. 302.5 Defects in Plans. The Agency and the City shall not be responsible either to the Developer or to third parties in any way for any defects in the Design Development Drawings, nor for any structural or other defects in any work done according to the approved Design Development Drawings, nor for any delays reasonably caused by the review and approval processes established by this Section 302. 303. Land Use Approvals. Before commencement of construction of the Improvements or other works of improvement upon the Property, the Developer shall, at its own expense, secure or cause to be secured any and all land use and other entitlements, permits and approvals which may be required for the Improvements by the City or any other governmental agency affected by such construction or work. The Developer shall, without limitation, apply for and secure the following (as required), and pay all costs, charges and fees associated therewith: (a) Lot Line Adjustment/Merger; (b) Developer shall obtain all building and grading permits and pay all fees required by the City, Orange County and other governmental agencies with jurisdiction over the Improvements. Notwithstanding anything to the contrary set forth herein, the execution of this Agreement does not constitute the granting of or a commitment to obtain any required land use permits, entitlements or approvals required by the Agency or the City. Developer acknowledges and agrees that all plans prepared for the Project (including the Design Development Drawings) shall be subject to the City's normal planning review process and further that such plans may be subject to review by the City's Planning Commission. 304. Schedule of Performance. The Developer shall submit all Design Development Drawings, obtain all permits, commence and complete all construction of the Improvements, and satisfy all other obligations and conditions of this Agreement within the times established therefore in the Schedule of Performance attached hereto as Exhibit J and incorporated herein. The Agency 20-17