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11A - ORDINANCE AMEND DA
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11A - ORDINANCE AMEND DA
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1/3/2012 3:46:47 PM
Creation date
4/14/2011 11:53:03 AM
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City Clerk
Doc Type
Agenda Packet
Item #
11A
Date
4/18/2011
Destruction Year
2016
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five (5) or six (6) story building containing two-hundred seventy-six (276) for-sale residential <br />condominium units. <br />1.6 GP2 seeks approval of an amendment to the Residential Condominium Units <br />("Lyon/Integral Project") Element of the Project. For purposes of this Fourth Amendment, the <br />"Lyon/Integral Project" shall be amended to consist of three-hundred (300) for-sale residential <br />condominium units. <br />1.7 In connection with the foregoing, GP2, Lyon/Integral and the City now desire <br />to amend the Development Agreement to provide GP2 with approval of the "Lyon/Integral Project" <br />subject to the terms and conditions of the Development Agreement, as amended. <br />2. Lyon/Integral Project. GP2 and the City hereby acknowledge and agree that GP2 has <br />the right under this Fourth Amendment to construct and operate the "Lyon/Integral Project", as <br />hereinafter defined. <br />3. Modification of Certain Provisions. The Development Agreement is hereby amended <br />and supplemented in the following particulars: <br />3.1 Section 2.21. This section is hereby supplemented by adding the <br />following after the third sentence appearing therein, as added by the Third Amendment to <br />Development Agreement: <br />"The new entitlements for the Lyon/Integral Project shall include Conditional <br />Use Permit No. 2011-05, Variance No. 2011-04, and Site Plan Review No. <br />2011-01, as approved by the City. <br />3.2 Section 2.24. The term "Integral" shall be replaced with the term <br />"Lyon/Integral." <br />3.3 Section 2.43(3). The entire section shall be amended to read as <br />follows: <br />"(3) A five (5) or six (6) story building containing three-hundred (300) for- <br />sale residential condominium units or for-rent residential units along with a <br />2,100 square foot commercial space (the "Lyon/Integral Project"); and" <br />3.4 Section 2.43. In the final sentence of this section, as added by the <br />Third Amendment to Development Agreement, the term "Integral Project" shall be replaced with the <br />term "Lyon/Integral Project." <br />3.5 Section 2.50. As added to this section by the Second Amendment to <br />Development Agreement, the term "Integral Project" shall be replaced with the term "Lyon/Integral <br />Project." <br />3.6 Section 4.1. As added to this section by the Second Amendment to <br />Development Agreement, the term "Integral Project" shall be replaced with the term "Lyon/Integral <br />Project." <br />4th amendment to development agreement 002 (2)2 <br />3 <br />3/10/2011 3:35 PM <br />11 A-7
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