Agenda - City of Santa Monica

noise of more than thirty (30) decibels beyond the Property line may also be performed
between the hours of 7:00 a.m. to 8:00 a.m. and 6:00 p.m. to 7:00 p.m. Monday through
Friday, and 8:00 a.m. to 9:00 a.m. and 5:00 p.m. to 6:00 p.m. Saturday. Notwithstanding
the foregoing, pursuant to SMMC Section 4.12.110(e), Developer has the right to seek a
permit from the City authorizing construction activity during the times otherwise
prohibited by this Section. The Parties acknowledge and agree that, among other things,
after hours construction permits can be granted for concrete pours.
3.3 Outside Building Permit Issuance Date. If Developer has not been issued
a building permit for the Project by the “Outside Building Permit Issuance Date” (defined
below), then on the day after the Outside Building Permit Issuance Date, without any
further action by either Party, this Agreement shall automatically terminate and be of no
further force or effect. For purposes of clarity, if Developer has not been issued a
building permit for the Project by the Outside Building Permit Issuance Date, the City
shall not be required to pursue its remedies under Section 11.4 of this Agreement, and
this Agreement shall, instead, automatically terminate. “Outside Building Permit
Issuance Date” means the date that is the last day of the thirty-sixth (36 th ) full calendar
month after the Effective Date; provided that the Outside Building Permit Issuance Date
may be extended by applicable Excusable Delays and otherwise in accordance with the
remainder of this paragraph. If the approval by the ARB of the Project design does not
occur within four (4) months of the submittal by Developer to the ARB of the Project
design, then the Outside Building Permit Issuance Date shall be extended one month for
each additional month greater than four that the final ARB approval is delayed. At any
time before the last day of the thirty-sixth (36 th ) full calendar month after the Effective
Date (the "Extension Notice Date"), Developer may deliver written notice to the
Planning Director, requesting an extension of the Outside Building Permit Issuance Date
for an additional twelve (12) months. The Outside Building Permit Issuance Date may be
administratively extended not more than one (1) time for an additional twelve (12)
months.. The Planning Director may grant such extension if Developer can demonstrate
substantial progress has been made towards obtaining a building permit and show
reasonable cause why Developer will not be able to obtain the building permit for the
Project by the initial Outside Building Permit Issuance Date and can demonstrate that:
(a) the condition of the Property will not adversely affect public health or safety and (b)
the continued delay will not create any unreasonable visual or physical detriment to the
neighborhood.
3.4 Construction Period. Construction of the Project shall be subject to the
provisions of SMMC Section 8.08.070.
3.5 Damage or Destruction. If the Project, or any part thereof, is damaged or
destroyed during the term of this Agreement, Developer shall be entitled to reconstruct
the Project in accordance with this Agreement if: (a) Developer obtains a building permit
for this reconstruction prior to the expiration of this Agreement and (b) the Project is
found to be consistent with the City’s General Plan in effect at the time of obtaining the
building permit.
26
F:\RECORDSANDELECTIONSHARE\MEETINGS\WWW\2013\20130514\WORD DOCUMENTS\2013051407-A-2.DOC