ORD 2010 - Laserfiche WebLink

ARTICLE 3. OBLIGATIONS OF SPA AND DEVELOPERS Section 3.01. Obligations of SPA Generally. The parties acknowledge and agree that City's agreement to perform and abide by the covenants and obligations of City set forth in this Agreement is a material consideration for SPA's agreement to perform and abide by its covenants and obligations, as set forth herein. The parties acknowledge that many of SPA's obligations set forth in this Agreement are in addition to SPA's obligation to perform all mitigation measures identified as SPA's responsibility in the Mitigation, Monitoring and Reporting Plan and the Project Approvals. Section 3.02. Annexation. SPA shall cooperate with City in seeking and processing through LAFCo the annexation of the Project Site to City. SPA shall pay all the usual LAFCO annexation processing and related processing fees, as well as the cost of preparing all documents required for submittal with the annexation application; SPA shall not pay for City's staff and related administrative costs that the City incurs in processing the annexation application through LAFCO. Section 3.03. Development and Related Fees. The fee schedule attached as Exhibit E sets forth (i) the only development and related fees to be paid to City by the Developers of the Auto Mall Site, (ii) the amount of those development and related fees, and (iii) the time at which the development and related fees are to be paid. The other Developers shall pay development and related fees due under Applicable Law provided, however, that the Developer of the Continuing Care Site shall receive from the City a fee credit in the amount of$1,754,880 applied first to the City's Public Facilities Fee and then to the City's Traffic Impact Fee. The credit is for the Continuing Care Site Developer's designing and constructing the Neighborhood Park improvements, agreeing to assume the costs of the Auto Mall Site Developer's proportionate share of Detention Basin Improvements, acquiring and improving Street A as set forth in the Neighborhood Park Agreement and constructing a "Good Neighbor" fence as set forth in the conditions of approval for PUD 68. Section 3.04. Units for Households of Certain Incomes. The Developer of the Continuing Care Site shall provide a certain percentage of its units For households of 100%, 80% and 50% of the Area Median Income as more particularly set forth in the Agreement between City and Continuing Life Communities Pleasanton LLC, dated _, 2010 (the "CLC/City Agreement"), incorporated herein by this reference. Section 3.05. Dedications by SPA. (a) With the recordation of the first final map for the Project Site, SPA shall dedicate to City, and City shall accept "as is", the 17 acre Community Park Site, excepting the stockpiled fill material placed on the Community Park 8