OPA: Grimshaw House - City of Anaheim
OPA: Grimshaw House - City of Anaheim
OPA: Grimshaw House - City of Anaheim
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the <strong>City</strong> and its inspectors which are required under the Municipal Code and all<br />
other applicable Uniform Codes (e.g. Building, Plumbing, Fire, Electrical, etc.)<br />
and under other applicable laws and regulations generally applicable to projects<br />
similar to the Project shall be included by Developer in its Basic Concept<br />
Drawings, Design Development Drawings and Building Permit Drawings and<br />
completed during the construction <strong>of</strong> the Developer Improvements (and Agency’s<br />
period <strong>of</strong> review with respect to such changes shall be seven [7] days). Agency<br />
shall reasonably consider any revisions required by any lender.<br />
402.8 Defects in Plans. Agency shall not be responsible either to Developer or<br />
to third parties in any way for any defects in the Basic Concept Drawings, the<br />
Design Development Drawings or the Building Permit Drawings, nor for any<br />
structural or other defects in any work done according to the approved Basic<br />
Concept Drawings, Design Development Drawings or Building Permit Drawings.<br />
Developer hereby waives and releases any claim it may have against Agency or its<br />
<strong>of</strong>ficers, employees, agents, representatives and volunteers, for any monetary<br />
damages or compensation as a result <strong>of</strong> defects in the Basic Concept Drawings,<br />
Design Development Drawings or Building Permit Drawings, including without<br />
limitation the violation <strong>of</strong> any laws, and for defects in any work done according to<br />
the approved Basic Concept Drawings, Design Development Drawings or<br />
Building Permit Drawings. Developer makes such release with full knowledge <strong>of</strong><br />
Civil Code Section 1542 and hereby waives any and all rights thereunder to the<br />
extent <strong>of</strong> this release, if such Section 1542 is applicable. Section 1542 <strong>of</strong> the Civil<br />
Code provides as follows:<br />
“A general release does not extend to claims which the creditor does not<br />
know or suspect to exist in his or her favor at the time <strong>of</strong> executing the<br />
release, which if known by him or her must have materially affected his or<br />
her settlement with the debtor.”<br />
402.9 Use <strong>of</strong> Architectural Plans. Agency shall not have the right to use any<br />
Basic Concept Drawings, Design Development Drawings or Building Permit<br />
Drawings which are submitted to Agency by Developer pursuant to this Section<br />
402, nor shall Agency confer any rights to use such architectural plans to any<br />
person or entity.<br />
403. Permits. Before commencement <strong>of</strong> the construction <strong>of</strong> the Developer<br />
Improvements or other works <strong>of</strong> improvement upon the Site, Developer shall, at its own<br />
expense, secure or cause to be secured any and all permits and approvals which may be<br />
required for the construction <strong>of</strong> the Developer Improvements by the <strong>City</strong> or any other<br />
governmental agency affected by such construction or work. Developer shall, without<br />
limitation, apply for and secure the following, and pay all costs, charges and fees<br />
associated therewith:<br />
a. All permits and fees required by the <strong>City</strong>, County <strong>of</strong> Orange, and other<br />
governmental agencies with jurisdiction over the Developer Improvements<br />
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