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75E - PH 2525 MAIN ST
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02/05/2019
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75E - PH 2525 MAIN ST
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Last modified
2/1/2019 4:04:49 PM
Creation date
2/1/2019 3:58:07 PM
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75E
Date
2/5/2019
Destruction Year
2024
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Exhibit "G" — Conceptual Park Design and Improvements <br />Exhibit "H" — Park Santiago Patrol Area Map <br />Exhibit "I" — Conditions of Discretionary Approvals <br />2. GENERAL PROVISIONS. <br />2.1 Bhtdina Effect of Agreement. The Property is hereby made subject <br />to this Agreement. Development of the Property is hereby authorized and shall be <br />carried out in accordance with the terms of the Development Plan and this <br />Agreement. <br />2.2 Ownership of Property. OWNER represents and covenants that it <br />is the owner of the fee simple title to, or has an equitable interest in, the Property <br />or a portion thereof. <br />2.3 City Council Findings. The City Council finds that: <br />2.3.1 This Agreement is consistent with the CITY'S General Plan. <br />2.3.2 This Agreement ensures a desirable and functional community <br />environment, provides effective and efficient development of public facilities, infrastructure, <br />and services appropriate for the development of the Project, enhances effective utilization of <br />resources within the City. <br />2.3.3 This Agreement provides public benefits beyond those which are <br />necessary to mitigate the development of the Project. <br />2.3.4 This Agreement strengthens the public planning process, encourages <br />private participation in comprehensive planning and reduces costs of development and <br />government. <br />2.3.5 The best interests of the citizens of the CITY and the public health, <br />safety, and welfare will be served by entering into this Agreement. <br />2.4 Term. The term of this Agreement shall commence on the date <br />(the "Commencement Date') that is the Effective Date, and shall continue for a <br />period of four (4) years thereafter, unless this term is modified or extended <br />pursuant to the provisions of this Agreement. Thereafter, the OWNER shall have <br />no vested right under this Agreement, regardless of whether or not OWNER has <br />paid any Development Impact Fee. <br />2.4.1 The Term of this Agreement may be extended upon the mutual <br />written agreement of the City's City Manager and the OWNER for no more than two (2) <br />additional consecutive one (1) year periods ("Extension Term"). Notwithstanding the <br />immediately preceding sentence or any other part of this Agreement, in no event shall the <br />Development Agreement Period exceed 2160 consecutive calendar days from the Effective <br />Date. Prior to the City granting each Extension Term: <br />-5- <br />$5304.00002Vtss3197.10 <br />75E-131 <br />
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