ORD 2307 - Laserfiche WebLink

annexation of the Project Site into the City. City and Developer agree to take such subsequent actions as may be reasonably required to complete the annexation of the Project Site into the City under the conditions imposed by LAFCO and reasonably acceptable to City and Developer. Section A.2 Support Annexation. In reliance on the representations and covenants herein, the Parties agree to support the annexation of the Project Site to the City, including to cooperate in: (i) annexation of the Project Site; (ii) provision for the orderly transfer of jurisdiction over the Project Site from Alameda County to the City to avoid duplication of effort and any delay in processing occasioned by the annexation; and (iii) completion of the annexation, subdivision, and development as contemplated by this Agreement and the Project Approvals. Section A.3 Binding Provisions. Notwithstanding that the Initial Term of this Agreement (described in Section 1.3 below) commences on the Effective Date, Article A and Sections 1.7, 3.3, and Article 7 of this Agreement shall be binding upon City and Developer upon execution of this Agreement by the Parties until such time as this Agreement expires or is terminated according to its terms. Upon commencement of the Initial Term, this Agreement shall be a Development Agreement in accordance with the Development Agreement Statute. ARTICLE 1 Description of Property, Effective Date, and Term Section 1.1 Description of Property. The real property which is the subject of this Agreement is the Project Site, as more particularly described and depicted in the attached DA Exhibit A-1 and DA Exhibit A-2, respectively. Section 1.2 Effective Date. The effective date of this Agreement (“Effective Date”) shall be the later of (a) thirty (30) days after the date the City ordinances approving this Agreement and PUD Application No. 130 are adopted by the City Council and attested by the City Clerk, (b) if a referendum petition is timely circulated, filed and qualified by the Elections Official, the date the election results on the ballot measure by City voters approving this Agreement are certified by the City Council in the manner provided by the Elections Code, or (c) the date the annexation proceedings are complete. This Agreement shall be executed by the Parties within ten (10) days after the later of subsection (a) or (b) of this Section 1.2. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all permitted successors-in-interest to the Parties to this Agreement. Section 1.3 Initial Term. The term of this Development Agreement shall commence on the Effective Date and expire on the tenth (10th) anniversary of the Effective Date (the “Initial Term”), unless the Initial Term is extended as provided in Section 1.4 below. Section 1.4 Extended Term. The Initial Term may be extended, provided that no less than 180 days prior to expiration of the Initial Term described in Section 1.3, Developer submits a written request to the City Manager for an extension of the Initial Term and provides substantial evidence that (a) Developer has made significant progress on the Project warranting an extension, (b) Developer is not, at the time, in Default of any of its obligations hereunder following notice and expiration of applicable cure periods, and (c) the applicable Developer warranties and representations made herein continue to be true and correct. Within thirty (30) days of receiving such request and evidence, the City Manager shall provide Developer a written determination that either (a) the Initial Term will be extended up to a maximum period of 18 months; or (b) the Developer has not demonstrated significant progress on the Project and what additional criteria is needed for an extension to be granted. The decision of the City