NS-3071 -Approving Development Agreement No. 2023-02 for Related Bristol

Home Browse Search

1.1.27. "Project Phase" shall mean a portion of the development of the Property as contemplated by the Project Approvals. To avoid confusion, a "Project Phase" may include one or more Development phases and shall not be limited to any single Specific Plan Phase and may consist of a portion of a Specific Plan Phase. 1.1.28. "Project Approvals" means all site -specific (meaning specifically applicable to the Project only and not generally applicable to some or all other properties within the City) plans, maps, permits, entitlements, approvals (including Development Project Review Approvals), and entitlements of every kind and nature that are sought or agreed to in writing by Owner in its sole and absolute discretion for Development of the Project and that are approved by the City. Project Approvals include, but are not limited to, general plan amendments, specific plan approvals or amendments, site plans, development project review approvals, tentative and final subdivision maps, design guidelines, variances, zoning designations, conditional use permits, grading, building, and other similar permits, the site -specific provisions of general plans, environmental assessments, including environmental impact reports and negative declarations. A list of the Project Approvals is set forth in Exhibit "C." 1.1.29. "Property" means the real property described in Exhibit "A" and shown in Exhibit "B" to this Agreement. The Property is approximately 41.13 gross acres in size and is occupied by the Metro Town Square commercial development as of the Effective Date. It is composed of nine Assessor Parcel Numbers (APNs): 412-131-12, 412-131-13, 412-131-14, 412- 131-16, 412-131-17, 412-131-22, 412-131-24, 412-131-25 and 412-131-26. 1.1.30. "Public Benefit" refers to those benefits provided to the City and the community by Owner pursuant to Section 4 below. 1.1.31. "Reservation of Rights" means the rights and authority excepted from the assurances and rights provided to Owner under this Agreement and reserved to City under Section 3.3 of this Agreement. 1.1.32. "Specific Plan Phase" means any one of the three phases as shown on Figure 6-2 (Conceptual Phasing Plan) of the Related Bristol Specific Plan. 1.1.33. "Sub Ground Lease" shall mean a sub ground lease entered into by Owner with a third party pursuant to the terms of which Owner sub ground leases to such third party the portion of the Property referenced therein. 1.1.34. "Sub Ground Lessee" shall mean the lessee under any Sub Ground Lease. 1.1.35."Sub Leasehold Estate" means the leasehold estate created under any Sub Ground Lease. 1.1.36. "Term" has the meaning ascribed thereto in Section 2.4.1 below. 1.2. Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: Exhibit "A" — Legal Description of the Property Exhibit "B" — Map showing Property and its location Exhibit 4 Ordinance No. NS-3071