Common use of Developer, Agency and City Clause in Contracts

Developer, Agency and City. Roles in the DRDAP Process To the extent required under the DDA, Developer and shall submit all Major Phase Applications and Sub-Phase Applications, and Vertical Developers shall submit all Vertical Applications, to the Agency as set forth in this DRDAP. The Agency shall review all Applications and submittals for completeness and consistency with the Redevelopment Requirements as set forth in this DRDAP. The Agency shall submit Complete Major Phase Applications, Complete Sub-Phase Applications, and Complete Vertical Applications to applicable City Agencies for review and comment. The City Agencies will review submittals made to them pursuant to this DRDAP for consistency with the Applicable City Regulations, and shall provide any comments on all Applications within the time required by the Interagency Cooperation Agreement. A City Agency’s failure to review and comment on submittals within the time frames set forth in this DRDAP shall not, by itself, be the basis for Excusable Delay. But such a failure that (i) results in a delay of an Agency action beyond the time frame permitted for the Agency action under this DRDAP, or (ii) results in a delay of a City action beyond the permitted time set forth in the Interagency Cooperation Agreement when the City is issuing a final Approval (i.e., when there is no subsequent Agency action on such matter), shall be the basis for Excusable Delay. The Parties understand and agree that the Applications will include copious and detailed information, and the turnaround time for Agency and City staff will depend in part upon the amount of new information included in an Application that has not yet been seen by the Agency and the City at the time of Application submittal and the quality of the submittal. Accordingly, Developer or Vertical Developer, as applicable, shall submit information and materials, and schedule meetings with the Agency staff, for consultation and input in the formulation of Application materials in advance of the required submission of Applications as set forth below. The Agency shall make staff available for such requested meetings and consultation. The Parties understand and agree that input of the Agency staff throughout the design and development process will likely result in an expedited approval process and increased efficiencies. Whenever Approval or any other action is required by the Agency Commission, the Agency Director shall upon the request of Developer or a Vertical Developer, following the periods to meet and confer and to provide final comments described in this DRDAP, submit such matter to the Agency Commission at the next regularly-scheduled meeting of the Agency Commission for which an agenda has not yet been finalized and for which the Agency can prepare and submit a staff report in keeping with Agency standard practices. With regard to any public hearings and presentations relating to the Project, Developer and Vertical Developers shall cooperate with, prepare materials for, and participate in presentations to the Agency Commission, the Arts Commission and to the CAC or the PAC, as applicable.

Developer, Agency and City. Roles in the DRDAP Process Process‌ To the extent required under the DDA, Developer and shall submit all Major Phase Applications and Applications, Sub-Phase Applications and Open Space Applications, and Vertical Developers shall submit all Vertical Applications, to the Agency as set forth in this DRDAP. The Agency shall review all Applications and submittals for completeness and consistency with the Redevelopment Requirements as set forth in this DRDAP. The Agency shall submit Complete Major Phase Applications, Complete Sub-Phase Applications, Open Space Applications and Complete Vertical Applications to applicable City Agencies for review and comment. The City Agencies will review submittals made to them pursuant to this DRDAP for consistency with the Applicable City Regulations, and shall provide any comments on all Applications within the time required by the Interagency Cooperation Agreement. A City Agency’s failure to review and comment on submittals within the time frames set forth in this DRDAP shall not, by itself, be the basis for Excusable Delay. But such a failure that (i) results in a delay of an Agency action beyond the time frame permitted for the Agency action under this DRDAP, or (ii) results in a delay of a City action beyond the permitted time set forth in the Interagency Cooperation Agreement when the City is issuing a final Approval (i.e., when there is no subsequent Agency action on such matter), shall be the basis for Excusable Delay. The Parties understand and agree that the Applications will include copious and detailed information, and the turnaround time for Agency and City staff will depend in part upon the amount of new information included in an Application that has not yet been seen by the Agency and the City at the time of Application submittal and the quality of the submittal. Accordingly, Developer or Vertical Developer, as applicable, shall submit information and materials, and schedule meetings with the Agency staff, for consultation and input in the formulation of Application materials in advance of the required submission of Applications as set forth below. The Agency shall make staff available for such requested meetings and consultation. The Parties understand and agree that input of the Agency staff throughout the design and development process will likely result in an expedited approval process and increased efficiencies. Whenever Approval or any other action is required by the Agency Commission, the Agency Director shall upon the request of Developer or a Vertical Developer, following the periods to meet and confer and to provide final comments described in this DRDAP, submit such matter to the Agency Commission at the next regularly-scheduled meeting of the Agency Commission for which an agenda has not yet been finalized and for which the Agency can prepare and submit a staff report in keeping with Agency standard practices. With regard to any public hearings and presentations relating to the Project, Developer and Vertical Developers shall cooperate with, prepare materials for, and participate in presentations to the Agency Commission, the Arts Commission and to the CAC or the PACCAC, as applicable.