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Lake Towers and/or the Integral Project, respectively, in accordance with applicable Entitlements. The <br />foregoing shall in no way be deemed to impose an obligation on Skyline or Integral to rent (or offer for <br />rental) any or all of the Residential Units, or preclude Skyline or Integral from selling and renting (and <br />offering for sale and rental) the Residential Units concurrently. <br />3. Modification of Certain Provisions. The Development Agreement is hereby amended and <br />supplemented in the following particulars: <br />3.1 Section 1.1(1). The phrase "for-sale residential condominiums" appearing in <br />Section 1.1(1) of the Development Agreement is hereby amended and restated to read as "for-sale <br />condominium units or for-rent residential units." <br />3.2 Section 2.43(1). The phrase "three hundred fifty (350) for sale residential <br />condominium units" appearing in Section 2.43(1) of the Development Agreement is hereby amended <br />and restated to read as "three hundred forty-nine (349) for-sale condominium units or for-rent <br />residential units." <br />3.3 Section 2.43(3). The phrase "two hundred seventy-six (276) for-sale residential <br />condominium units" appearing in Section 2.43(3) of the Development Agreement is hereby amended and <br />restated to read as "two hundred seventy-six (276) for-sale residential condominium units or for-rent <br />residential units." <br />3.4 Section 2.50. The phrase "each of the for sale residential units" appearing in <br />Section 2.50 of the Development Agreement is hereby amended and restated to read as "each of the for- <br />sale (and with respect to Lake Towers and Integral Project, if applicable, the for-rent) residential units." <br />3.5 Section 4.1. Clause (ii) appearing in Section 4.1 of the Development Agreement <br />is hereby amended and restated to read in its entirety as follows: <br />"(ii) the granting of Certificates of Occupancy (or similar permission to occupy) for the <br />final Element of the Project and, except with respect to Lake Towers and/or Integral <br />Project, sale of all Residential Units." <br />3.6 Section 4.2.1. Anew Section 4.2.1 is added to the Development Agreement to <br />read in its entirety: <br />4.2.1. Residential Rental Manager. Should Skyline and/or Integral exercise its option to <br />rent the Lake Towers or Integral Project, respectively, prior to occupancy of the first rental <br />unit, Skyline or Integral shall first obtain the written consent of the City, acting through its <br />Executive Director of Planning and Building Agency or designee (the "Director"), to <br />Skyline's and/or Integral's proposed residential rental manager. In exercising his or her <br />reasonable discretion, the Director shall limit his or her review to the experience and <br />capabilities of the proposed residential rental manager and shall approve any such <br />proposed rental manager if the manager has demonstrated experience or capabilities <br />with respect to the managing rental properties on the scale of the Lake Towers and/or <br />Integral, respectively. <br />3.7 Section 4.3. Clause (f) appearing in Section 4.3 of the Development Agreement <br />is hereby amended and restated to read in its entirety as follows: <br />"Buyer's of Residential Units (and with respect to the Lake Towers Element and/or the <br />Integral Project, if applicable, buyer's or tenant's of Residential Units). <br />4. Full Force and Effect; Counterparts. Except as amended herein the Development <br />Agreement shall remain in full force and effect in accordance with its terms. This Second Amendment <br />may be executed in any number of counterparts, all of which shall constitute one and the same <br />instrument. <br />[Signature and Notary Pages Follow] <br />Ordinance NS-2782 <br />Page 7 of 10 <br />