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07
City of Pleasanton
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5/1/2013 4:42:53 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
5/7/2013
DESTRUCT DATE
15Y
DOCUMENT NO
07
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it specifically concerns these Project Approvals within California Center and any future <br /> redevelopment of the remainder of the California Center site will, if developer applies for <br /> development agreement coverage and protection, require an amendment to this Agreement for <br /> such future approvals to be vested under this Agreement or require a new standalone <br /> development agreement. <br /> E. In exchange for the benefits to City described in these recitals. including but not <br /> limited to assurance that a residential project consistent with the PUD Modification and Design <br /> Guidelines intended to meet the City's RHNA can proceed, together with the other public <br /> benefits that will result from the development of the Project Site, Developer will receive by this <br /> Agreement assurance that it may proceed with the Project in accordance with the "Applicable <br /> Law" (defined below), and therefore desires to enter into this Agreement. <br /> NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the <br /> mutual promises, obligations and covenants herein contained, City and Developer agree as <br /> follows: <br /> AGREEMENT <br /> Article I Description of Property, Effective Date and Term. <br /> Section 1.01.Description of Property. The real property which is the subject of this Agreement <br /> is the California Center site, as described in the attached DA Exhibit A-1 and IDA Exhibit A-2. <br /> Section 1.02.Effective Date. This Agreement shall become effective upon the date the <br /> ordinance approving this Agreement becomes effective (the "Effective Date"). <br /> Section 1.03.Term. The term of this Agreement shall commence on the Effective Date and <br /> extend ten (10) years thereafter (the "Term"). <br /> Article II Standards, Laws and Procedures Governing the Project. <br /> Section 2.01.Vested Right To Develop. Developer shall have a vested right to develop the <br /> Project Site in substantial conformance with the terms and conditions of the Project Approvals, <br /> the Subsequent Approvals (defined below) (as and when issued), the Applicable Law (defined <br /> below) and amendments as shall, from time to time, be approved pursuant to this Agreement. <br /> Specifically, while Developer contemplates constructing the Project Site in accordance with the <br /> Project Design Review, Developer shall have the vested right to develop the Project Site with <br /> 305 apartment units, 7,520-square-feet of retail use, office parking structure and surface <br /> parking, and related site improvements, in accordance with the PUD Development Plan and <br /> Modification. <br /> Section 2.02.Permitted Uses. The permitted uses and the density and intensity of use of the <br /> Project Site; the maximum height, bulk and size of the proposed buildings; provisions for <br /> reservation or dedication of land for public purposes and the location of public improvements; <br /> the general location of public utilities; and other terms and conditions of development applicable <br /> to the Project, shall be as set forth in the Project Approvals and, as and when they are issued <br /> (but not in any limitation of any right to develop as set forth in the Project Approvals), any <br /> Subsequent Approvals (defined below). <br /> 3 <br />
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