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75A - 301 EAST JEANETTE LANE
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75A - 301 EAST JEANETTE LANE
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Last modified
1/3/2012 4:23:09 PM
Creation date
2/24/2009 2:29:24 PM
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City Clerk
Doc Type
Agenda Packet
Item #
75A
Date
3/2/2009
Destruction Year
2014
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DRAFT <br />(b) duplicate any exactions, project design features, conditions of approval, agreements, or <br />mitigation measures contained in the Development Plan for this First Amendment. <br />5.2 Development, Construction and Completion of Work of Public Art <br />and Other Consideration. In consideration for the extraordinary and significant benefits to the <br />City set forth in this Section 5, the Owner has been legally vested under paragraph 5.1 with regard <br />to the permitted uses of land, density, and intensity of use, Owner shall comply with the <br />provisions of Section 5 of the First Amendment with respect to the Sky Lofts Project. <br />5.2.1. Schedule For Work of Public Art. <br />Owner shall design, construct and maintain a work of public art only if it does not <br />Commence Construction of the Sky Lofts Project during the Initial term and instead requests and <br />is granted an extension as set forth in section 4.3(2) of this First Amendment. For purposes of <br />this Section 5, "Commence Construction" means those actions (i. e., valid building permit issued <br />by City and substantial, hard construction costs expended in good faith reliance thereon) that <br />would create a vested right in Owner pursuant to Avco Community Developers, Inc. v. South <br />Coast Reg'l Comm'n, 17 Cal. 3rd 785, 791 (1976), and its progeny. <br />Facilities to Be Constructed Triggering <br />1. Submit Final Design of Public Art. One year from the commencement of the Extended <br />Final design must conform to Public Art Term, if applicable. <br />Locational Plan. <br />2. Install Public Art. Prior to the City's issuance of Certificate of Use <br />and Occupancy for any portion of the Sky Lofts <br />Project, or two and one-half (2 1/2) years from the <br />commencement of the Extended Term, whichever <br />comes first. <br />With respect to the Final Design, Owner shall complete all construction and development, shall <br />submit all plans, drawings, and other documents, and perform all of its obligations under this First <br />Amendment within the times specified above. During periods of construction of the work of <br />public art encompassed in the Public Art Locational Plan, Owner shall submit to the City a written <br />report of the progress of the construction when and as reasonably requested by the City. The <br />report shall be in such form and detail as may be reasonably required by the City, and shall include <br />a reasonable number of construction photographs (if requested) taken from the last report by <br />Owner. Development scheduling or date or times of performance may be subject to revision from <br />time to time if first mutually agreed to in writing. Such revisions do not constitute amendments <br />requiring further notice and public hearing. <br />75A-82 <br />
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