ORD 2309 - Laserfiche WebLink

12. In exchange for the benefits to City summarized in Recital 5(d) and detailed in Section 3.2 of this Agreement, together with the other public benefits that will result from the development of the Project Site with the Project, and subject to LAFCO approval, Developer will receive by this Agreement assurance that it may proceed with the Project in accordance with the Project Approvals and the Applicable Law (defined below), and therefore desires to enter into this Agreement. 13. Subject to LAFCO approval and completion of annexation, it is intended that City will annex the Project Site, and will have issued or shall concurrently with this Agreement issue, the Project Approvals relating to the development of the Project Site with the Project. NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, City and Developer agree as follows: AGREEMENT ARTICLE A Pre-Annexation Obligations and Commitments Section A.1 Annexation of Project Site. Within ten (10) days of the City Council's first reading of Ordinance No. approving this Agreement, and consistent with the covenants, terms and conditions of this Agreement, City and Developer shall initiate proceedings under the CKH Act for 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 under the conditions imposed by LAFCO and reasonably acceptable to City and Developer. Consistent with the Recitals set forth above, the Parties desire for the Project Site to be annexed into the City for development of the Project. 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) the timely preparation and submittal of the annexation application of the Project Site to LAFCO; (ii) providing 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 as evidenced by the Parties' cooperation in submitting and expeditiously processing the annexation request; and (iii) completing the annexation to enable the subdivision and development as contemplated by this Agreement and the other Project Approvals. Section A.3 Binding Provisions. The Parties acknowledge and agree that the Term of this Agreement (described in Section 1.3 below) commences on the Effective Date; provided, however, that it shall not become operative until completion of annexation. This Agreement shall be a Development Agreement in accordance with the Development Agreement Statute as set forth in Government Code Section 65864, et seq., the Pleasanton Municipal Code, and the CKH Act. ARTICLE 1 Description of Project Site, Effective Date and Term Section 1.1 Description of Project Site. 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. 5