75A - PH - AMEND DEV AGMT 1901 E FIRST ST

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Amend DA No. 2007-01, VTTM No. 2013-04 & SPR No. 2013-03 August 26, 2013 Page 5 Project Analysis Amendment to the Development Agreement In 2007, the City approved several entitlements, including a development agreement, for the First and Cabrillo Towers project. The development agreement established development intensity, permitted uses and development standards for the term of the agreement. Further, the approved development agreement required certain improvements and public benefits such as in-lieu fees for parkland dedication and payment of an inclusionary housing fee. Over the last few years, a significant shift in the local and national economy has occurred that severely impacted the real estate and development market. Evidence of the severe nature of the economic downturn in real estate development is conspicuous; of the 14 large projects that were submitted to the City for review in the past five to six years (Brookhollow Office project, City Place retail/residential project, Sky Loft Tower, Cordoba courtyard housing, First and Cabrillo condominiums, Montage condominiums, Nexus Skyline Towers, Nexus Phase II, One Broadway Plaza office tower, Promenade Pointe condominiums, Sixth and Parkcenter development, Town and Country Manor, Village Green and the West End Lofts), only the City Place, Montage (now The Marke) and Skyline Towers projects have begun or completed construction. These same trends were evident in communities throughout the country. Due to the shift in the housing market, the previous developer was unable to proceed with its entitled high-rise residential development. In response, Lyon Community Development purchased the site with the intent to commence construction on the proposed lower-scale development. The amendments to Development Agreement No. 2007-01 are minor changes that recognize Lyon as the developer for the project. Further, the amendments reflect the new scope of the project, such as a decrease in size and intensity of the project and the extension of the agreement for another 10 years. Additionally, Lyon is proposing to add a new provision to the agreement that requires a minimum of $125,000 be spent on public art for the project. This provision is similar to other developments in the City, including The Marke, which is currently under construction by Lyon. All other elements of the development agreement will remain, with Lyon committed to developing the project as proposed, with all finishes and amenities for the project to be of the highest quality (Exhibit 8). Lyon is also committed to the eventual sale of units within the project and will also be involved in the sale, rental and managing of the units. Their intention is to rent the units in the near-term, but construct the project in a way as to allow them to be sold as condominiums when economic conditions warrant. Vesting Tentative Tract Map Vesting tentative tract map requests are governed by Section 34-119 through 34-318 of the SAMC. Vesting tentative tract map requests may be granted when it can be shown that the following can be established: 75A-9