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11A - SECOND READING 2525 MAIN ST
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11A - SECOND READING 2525 MAIN ST
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Last modified
12/12/2019 6:51:26 PM
Creation date
12/12/2019 6:14:33 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
11A
Date
12/17/2019
Destruction Year
2024
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Exhibit "G" — Santiago Park Improvements <br />Exhibit "11" — Park Santiago Patrol Area Map <br />Exhibit "I" — Conditions of Discretionary Approvals <br />Exhibit " T' — Safety Fencing <br />2. GENERAL PROVISIONS. <br />2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. <br />Development of the Property is hereby authorized and shall be carried out in accordance <br />with the terms of the Development Plan and this Agreement. <br />2.2 Ownershipof Property. OWNER represents and covenants that it is the owner of the fee <br />simple title to, or has an equitable interest in, the Property or a portion thereof. <br />2.3 City Council Findings. The City Council fords 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 environment, <br />provides effective and efficient development of public facilities, infrastructure, and <br />services appropriate for the development of the Project, enhances effective <br />utilization of resources within the City. <br />2.3.3 This Agreement provides public benefits beyond those which are necessary to <br />mitigate the development of the Project. <br />2.3.4 This Agreement strengthens the public planning process, encourages private <br />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, safety, and <br />welfare will be served by entering into this Agreement. <br />2.4 Term. <br />The term of this Agreement shall commence on the date (the "Commencement Date") that <br />is the Effective Date, and shall continue for a period of four (4) years thereafter, unless this <br />term is modified or extended pursuant to the provisions of this Agreement. Thereafter, the <br />OWNER shall have no vested right under this Agreement, regardless of whether or not <br />OWNER has paid any Development Impact Fee. <br />2.4.1 The Term of this Agreement may be extended upon the mutual written agreement <br />of the CITY'S City Manager and the OWNER for no more than two (2) additional <br />consecutive one (1) year periods ("Extension Term"). Notwithstanding the <br />immediately preceding sentence or any other part of this Agreement, in no event <br />shall the Development Agreement Period exceed 2160 consecutive calendar days <br />from the Effective Date. Prior to the CITY granting each Extension Term: <br />55394.00002\31553187.13 <br />#21124v3 <br />11 A-21 <br />
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