KOTTINGER GARDENS PHASE 1 - AFFORDABLE HOUSING LOAN AGMT

Project in compliance with CEQA(and if applicable, NEPA), nor does it limit in any manner the discretion of the City or any other agency in the approval process. Developer shall pay when due all customary and reasonable fees and charges in connection with the processing of all applicable permits and approvals. Developer shall not commence construction work on the Project prior to issuance of building permits required for such work. City staff shall work cooperatively with Developer to assist in coordinating the expeditious processing and consideration of all permits, entitlements and approvals necessary for the development and operation of the Project as contemplated by this Agreement. 5.4 Design Review; Conditions of Approval. Developer shall submit a Project site plan and design documents, including elevations and schematic drawings to City for review and approval. Developer shall develop the Project in accordance with the terms and conditions of this Agreement and in compliance with the approved site plan and design documents and the terms and conditions of all approvals, entitlements and permits that the City or any other governmental body or agency with jurisdiction over the Project or the Property has granted or issued as of the date hereof or may hereafter grant or issue in connection with development of the Project, including without limitation, all mitigation measures imposed in connection with environmental review of the Project and all conditions of approval imposed in connection with any entitlements, approvals or permits(all of the foregoing approvals, entitlements,permits, mitigation measures and conditions of approval are hereafter collectively referred to as the "Conditions of Approval"). 5.5 Fees. Developer shall be solely responsible for, and shall promptly pay when due, all customary and usual fees and charges of City and all other agencies with jurisdiction over development of the Property in connection with obtaining building permits and other approvals for the Project, including without limitation, those related to the processing and consideration of amendments, if any, to the current entitlements, any related approvals and permits, environmental review, architectural review, historic review, and any subsequent approvals for the Project. 5.6 Construction Plans. Developer shall submit to City's Building Department detailed construction plans for the Project(the "Construction Plans"). As used herein "Construction Plans" means all construction documents upon which Developer and Developer's contractors shall rely in developing the Property and constructing the Project (including the landscaping, parking, and common areas) and shall include, without limitation, the site development plan, final architectural drawings, landscaping, exterior lighting and signage plans and specifications, materials specifications, final elevations, and building plans and specifications. The Construction Plans shall be based upon the scope of development set forth herein and upon the approvals issued by the City for the Project, and shall not materially deviate therefrom without the express written consent of City. City acknowledges that it has approved the Construction Plans. 5.7 Construction Pursuant to Plans. Developer shall develop each component of the Project substantially in accordance with the approved Construction Plans,the Conditions of Approval, and all other permits and approvals granted by the City pertaining to the Project. Developer shall comply with all directions, rules and regulations of any fire marshal, health officer, building inspector or other officer of every governmental agency having jurisdiction over OAK#4822-6539-6013 v6 15