6200 12TH DR SE 2020-10-22 - Laserfiche WebLink

201803290406.010 5 2 Conditions Precedent to Commencement of Construction Before commencing construction on the Property, Developer shall be in material compliance with this Covenant, including, without limitation, obtaining all necessary permits to commence construction 5 3 Not Used 5 4 Approval Process for Changes to Approved Plans and Specs 5 4 1 Material Modification Definition As used in this Covenant, a "Material Modification"is any modification to the Approved Plans and Specs that would either(i)alters the exterior appearance of the Project as depicted in the"View of Entry" and "Birdseye View" for Everett Safe Street Supportive Housing prepared by Environmental Works dated November 22, 2017 which were shown to the Everett City Council on December 13,2017_or(ii)alters the locations of(x)buildings, (y)parking or (z) any above-ground Project improvements visible from the street or visible from properties adjacent to the Property) 5 4 2 Material Modification Request The Developer shall not make any Material Modification to the Approved Plans and Specs without the prior written approval of the City In order to request approval for a Material Modification,the Developer must submit a written notice to the City that is clearly marked"Material Modification Request under Section 5 4 of the Project Construction Covenant" (the "Material Modification Request") The Material Modification Request must expressly state the requested Material Modification and must include such information as may be reasonably required by the City 5 4 3 Approval of Material Modification Request The City's approval of a Material Modification Request is at the City's sole discretion No approval of a Material Modification Request by the City is effective unless signed by the City's Real Property Manager, except that the City shall be deemed to have approved a Material Modification Request unless City delivers a notice of disapproval containing reasons therefor in writing to Developer within fifteen (15) business days after delivery of the Material Modification Request Developer shall,upon receipt of a notice of disapproval, modify the Material Modification Request, taking into account such objections, and promptly resubmit it to City for approval Such process of submittal, review, comment and re-submittal by Developer shall continue until such time as the Material Modification Request has been approved by City or Developer determines to no longer seek approval Upon approval of a Material Modification, such approved Material Modification will be deemed included in the Approved Plans and Specs a' i° 39'