75D - Additional Staff Report submitted at Mtg by PBA Director

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3.6.1. Owner shall, as required by the Conditions of Approval, enter into a Property Maintenance Agreement which shall include: (a) A Parking Management Plan; and (b) A Property Maintenance Plan. 3.7. Moratoria. Except as specifically set forth in this section, City agrees that to the extent permitted by law, no moratorium or other similar limitation (whether relating to the rate, timing, or sequencing of the development of the Project or any part thereof and whether or not enacted by local initiative or otherwise) affecting subdivision maps, grading or building permits, occupancy certificates, or other entitlements approved, issued, or granted within the City, after the Effective Date of this Agreement, shall apply to the Project. Owner acknowledges and agrees that the provisions hereof shall not preclude the application to the Project of a moratorium or other similar limitation (of the type described in the preceding sentence) enacted in order to protect an imminent threat to the public health or safety. 3.8. Development Agreement/Project Approvals. In the event of any inconsistency between any Existing Land Use Regulation and a Project Approval, the provisions of the Project Approval shall control. In the event of any inconsistency between any Existing Land Use Regulation or Project Approval and this Agreement, the provisions of this Agreement shall control. 4. PUBLIC BENEFITS. 4.1. Public Benefits. The Project is expected to bring significant fiscal benefits to the City. The Project will also serve to implement the City's General Plan vision for the Property, which has long been designated as a District Center, where relatively intense mixed -use development is encouraged. In addition, Owner has committed by this Agreement to contribute to the acquisition, construction and maintenance of certain "Public Benefits" as provided below. 4.1.1. City Facilities. Owner shall provide the following benefits towards the acquisition, construction and maintenance of the City Facilities, as follows: (a) Public Art. Owner shall create, install, and maintain a public art project with a value equivalent to one-half of one percent (0.5%) of the total construction cost of the Project. Total construction cost shall mean all construction costs, but shall not include design and engineering costs. Owner shall prepare and submit to the City, no later than one hundred eighty (180) days before final approval for occupancy or the issuance of a certificate of occupancy, a public art plan that is consistent with Chapter 15 of the Citywide Design Guidelines, Public Art Guidelines. Although Owner anticipates satisfying all or most of the entire Public Art requirement early in the implementation of the Project, this requirement shall be satisfied as long as art with a value equivalent to one-half of one percent (0.5%) of the completed portion of the Project has been installed prior to final approval for occupancy or the issuance of a Certificate of Occupancy for that portion of the Project. 4.1.2. Public -Accessible Benefits. (a) Owner shall provide each of the public benefits described in the Development Plan, including the Specific Plan. -14- 55394.00053\31891805.16