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11A - 2ND READ ORD - THE HERITAGE
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11A - 2ND READ ORD - THE HERITAGE
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2/11/2016 3:09:35 PM
Creation date
2/11/2016 2:09:06 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Clerk of the Council
Item #
11A
Date
2/16/2016
Destruction Year
2021
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state professional organization and become applicable throughout the <br />City, such as, but not limited to, the California Building Code, the <br />California Electrical Code, the California Mechanical Code, or the <br />California Fire Code (including those amendments to the promulgated <br />Uniform Codes which reflect local modification to implement the published <br />recommendations of the multi -state organization and which are applicable <br />City- wide). <br />2.12 "Utility Release" means the formal approval of the City Building <br />Department, following its inspection, that residential unit(s) may be <br />released for initial connection to the electrical power system, water service <br />system, gas service system, and sanitary sewer system. Utility Release(s) <br />do not include temporary utility service provided to any structure during <br />construction. <br />3. EXHIBITS. The following documents referred to in this Development Agreement <br />are attached to this Development Agreement and are identified as follows; <br />Exhibit <br />Designation <br />Description <br />Referred to <br />in Section <br />A <br />Property Legal Description <br />1.1, 2.6 <br />B <br />Property Graphical Description <br />1.1 <br />C <br />Public Art Plan <br />2.g, 5.1.7 <br />4. GENERAL PROVISIONS. <br />4.1 Term of Development Agreement ( "Term "). This Development <br />Agreement shall have a six (6) year term beginning on the Effective Date <br />of March 17, 2016, and ending on March 17, 2022, The Term shall be <br />automatically extended for an additional three (3) years if Phase 1 and <br />Phase 2 are deemed complete. In order to be deemed complete, all <br />permits must have been finalized, utilities should have been released and <br />a Certificate of Compliance must have been issued for Phase 1 and <br />Phase 2. If a building permit has not been issued for Phase 3 prior to the <br />end of the initial 6 year term of the Development Agreement, the <br />architectural, fagade treatment and landscaping plans for Phase 3 shall be <br />subject to Staff level design review prior to issuance of the building permit <br />for Phase 3 to determine whether the exterior design needs any updating. <br />Should updates be required by the Executive Director, the Owner shall <br />prepare plans accordingly, which may be administratively approved by the <br />Director. The Executive Director shall also have the authority to approve <br />any necessary minor modifications to the project requested at the time of <br />the Term extension. Any dispute pertaining to any extension shall be <br />11 A -24 <br />
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