OPA: Grimshaw House - City of Anaheim

and the Site.
Agency staff will work cooperatively with Developer to assist in coordinating the
expeditious processing and consideration of all necessary permits, entitlements and
approvals. However, 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 Agency or the City.
404. Schedule of Performance. Developer shall submit all Basic Concept Drawings,
Design Development Drawings and Building Permit Drawings, commence and
substantially complete all construction of the Developer Improvements, and satisfy all
other obligations and conditions of this Agreement within the times established therefor
in the Schedule of Performance.
405. Cost of Construction. Except to the extent otherwise expressly set forth in this
Agreement, all of the cost of planning, designing, developing and constructing all of the
Developer Improvements in conformance with the approved Basic Concept Drawings and
Design Development Drawings, as well as all of the cost of planning and designing the
Agency Improvements, shall be borne by Developer. Notwithstanding the foregoing,
Developer shall not be required to pay for or reimburse Agency for costs incurred by
Agency in utilizing staff and/or consultants in analyzing and administering this
Agreement. All of the cost of developing and constructing the Agency Improvements
shall be borne by Agency, except to the extent that Agency elects to have Developer
construct the Agency Improvements, in which event Agency will reimburse Developer
pursuant to the Agency Reimbursement Agreement.
406. Rights of Access. Prior to the issuance of the Release of Construction
Covenants, for purposes of assuring compliance with this Agreement, representatives of
Agency shall have the right of access to the Site, without charges or fees, at normal
construction hours during the period of construction for the purpose of ensuring
compliance with this Agreement, including but not limited to, the inspection of the work
being performed in the construction of the Improvements so long as Agency
representatives comply with all safety rules and, at Developer’s option, are escorted by a
representative of Developer. Agency (or its representatives) shall, except in emergency
situations, notify Developer prior to exercising its rights pursuant to this Section.
407. Compliance With Laws. Developer shall carry out the design and construction
of the Developer Improvements and the Initial Sales in conformity with all applicable
laws, including all applicable state labor standards, the City zoning and development
standards, building, plumbing, mechanical and electrical codes, and all other provisions
of the City of Anaheim Municipal Code, and all applicable disabled and handicapped
access requirements, including without limitation the Americans With Disabilities Act,
42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government
Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et
seq.
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