RES 01105 - Laserfiche WebLink

ARTICLE VII MITIGATION Section 7.1 Mitigation. District and City hereby ac'knowledge, agree and find that execution of this Amended Cooperative Fee Agreement by the parties, (and the implementation of all programs provided herein) and the satisfaction of the obligations of the Cooperative Fee Developers described herein: (a) fully and completely mitigate all potential school-related impacts of the Planned Residential Projects upon the District and the Cir,' (including, but not limited to, any school related environmental impacts associated therewith); (b) are in the best interests of the public health, safety and general welfare, and comply and are consistent with and in furtherance of, the District Plan and City's General Plan: and (c) satisfy. the Cooperative Fee Developers' financial, environmental and other requirements related to the need for and adequacy of, School Facilities arising out of development of the Planned Residential Projects, whether such requirements are imposed by State, local or other law. existing as of the Effective Date or as may thereafter be enacted or amended. District and City. further agree that they shall incorporate these findings in any and all approvals granted in connection with development of the Residential Projects and shall otherwise publicly reiterate and further support these findings in writing upon request of the Cooperative Fee Developers. Nothing in this Amended Cooperative Fee Agreement (including an5' exhibit thereto) shall be deemed: (i) to limit the discretion or authority, of City. or District with respect to the dedication of school sites pursuant to the Subdivision Map Act (Government Code section 66478); (ii) to expressly or impliedly grant any approval or pre-approval by City of any Residential Project: (iii) to limit any Party's initiative or referendum powers or to limit any Party's discretion to support any initiative or referendum relating to land use matters; or (iv) infringe on or prohibit the C i~"s exercise of its police powers. This Amended Cooperative Fee Agreement is intended only to mitigate the impact of the Residential Projects on District's needs for the School Facilities. If any residential project, other than the Planned Residemial Projects. creates the need for school facilities beyond the School Facilities, then such projects will have to fully mitigate their impacts independent of this Amended Cooperative Fee Agreement. ARTICLE VIII FURTHER ASSURANCES Section g. 1 Further Assurances. The parties agree to execute and deliver any and all further documems and to take all such further action consistent with this Amended. Cooperative Fee Agreement as may be reasonably necessary, or helpful to fully implement the provisions of this Amended Cooperative Fee Agreement and to secure to the parties the full and complete benefits hereof, including, without limitation.-such estoppels, approvals and consents as are reasonably requested by a Cooperative Fee Developer in connection with developing such Cooperative Fee Developer's Planned Residemial Units. Without limiting the foregoing, District and City agree to promptly notice and conduct any and all required hearings, and adopt any and all resolutions, ordinances, rules and regulations consistent with this Amended Cooperative Fee Agreement as may be necessary to carry out the intent of the parties as reflected herein. In the evem of any legal or equitable action or other proceeding instituted by any third party., governmental emity or official challenging the validly, of any provision of either the Cooperative Fee Agreement or this Amended Cooperative Fee Agreement or any approval, entitlement or other action taken or granted in accordance herewith, the parties hereby agree to cooperate in the June 1. 2001