Common use of Agency Review - Complete Sub-Phase Application Clause in Contracts

Agency Review - Complete Sub-Phase Application. The Agency staff shall review as expeditiously as reasonably possible each Complete Sub-Phase Application and shall notify Developer of the Agency staff’s comments and comments by applicable City Agencies and other Governmental Entities and community organizations consulted by the Agency. The Agency staff shall provide final comments on each Complete Sub-Phase Application within eighty (80) days following the Agency’s determination that the Sub-Phase Application is a Complete Application, provided, that if one or more Schematic Design Documents Applications are submitted with the Sub-Phase Application, then an additional thirty (30) days shall be added for the first Schematic Design Documents Application and an additional twenty-one (21) days will be added for each additional Schematic Design Documents Application. Schematic Design Documents Applications shall be reviewed and processed as set forth in Section VII.B, including referral to the CAC or the PAC as applicable and then to the Agency Commission. The Agency staff may propose changes to the Complete Sub-Phase Application that do not conflict with the Redevelopment Requirements. If the Agency proposes any such changes, then the Agency and Developer shall promptly meet and confer in good faith for a period of not more than forty-five (45) days, as such period may be extended by mutual agreement, to reach agreement on any such changes proposed by the Agency; provided such meet and confer period shall run concurrently with, and shall not extend, the eighty (80) day period specified above (as extended if Schematic Design Documents Applications are submitted simultaneously) unless agreed to by Developer and Agency staff. Developer shall have the right at any time after the eighty (80) day period above has run to require that the Agency staff submit the Complete Sub-Phase Application to the Agency Director for review and consideration, with or without Agency staff recommendation. At the close of the periods described above in this Section V.B.3, the Agency staff shall submit the Complete Sub-Phase Application to the Agency Director for review and consideration, and notify Developer of such submission. The Agency Director shall take action on each Complete Sub-Phase Application in accordance with the standards in Section V.B.4 within thirty (30) days after such Complete Sub-Phase Application is submitted to the Agency Director for review and consideration, unless Developer in its sole discretion Approves an extension of such period. Failure of Agency staff to submit the Complete Sub-Phase Application to the Agency Director, or for the Agency Director to act on the Complete Sub-Phase Application, within the time frames specified above shall be a basis for Excusable Delay.

Appears in 4 contracts

Samples: Disposition and Development Agreement, Exhibit E Drdap, Exhibit E Drdap

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