ORD 2218 - Laserfiche WebLink

Approvals on all or any part of the Project("City Law"),City agrees that such ordinance,resolution or other measure shall not apply to the Project, this Agreement, the Project Approvals, or the Subsequent Approvals, if any, during the Term. Section 2.05 Life of Project Approvals or Subsequent Approvals. The term of any Project Approval or Subsequent Approval shall automatically be extended for the longer of the Term of this Agreement or the term otherwise applicable to such Project Approval or Subsequent Approval if this Agreement is no longer in effect. The Term of this Agreement, any other Project Approval or Subsequent Approval shall be extended by any period of time during which any applicable development or utility moratorium, Legal Challenge(defined below)or the actions of other public agencies that regulate land use, delays construction of the Project. Section 2.06 Development Timing. Subject to Applicable Law, Developer shall have the right to develop the Project on the Property at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment. Section 2.07 Compliance with State and Federal Law. This Agreement is subject to Developer's compliance with all applicable federal and state laws and regulations (which are in effect at the time Developer submits its application for building permits for the Project, as allowed under law) and compliance with the California Environmental Quality Act,California Public Resources Code §§21000 et seq. ("CEQA"). Article III. Developer Obligations. Section 3.01 Obligations of Developer Generally. The parties acknowledge and agree that the City's agreement to perform and abide by the covenants and obligations of City set forth in this Agreement is a material consideration for Developer's agreement to perform and abide by its long term covenants and obligations, as set forth herein. The parties acknowledge that many of Developer's long term obligations set forth in this Agreement are in addition to Developer's agreement to perform all the mitigation measures identified in the Project Mitigation Monitoring and Reporting Program. Section 3.02 Contribution towards Fire Station No. 2. Developer agrees to contribute One Million Dollars ($1,000,000.00) towards the cost of improvements and renovation of the Livermore-Pleasanton Fire Department's Fire Station No.2 located at 6300 Stoneridge Mall Road, Pleasanton, CA. Payment of such contribution shall be made with the issuance of the building permit for any phase of the Project where the aggregate square footage of building permits issued for the Project,exclusive of the parking structure,exceeds thirty-five percent(35%)floor area ratio for the Property, the equivalent of 222,286 gross square footage. Such contribution is intended to be used for Fire Station No. 2 capital improvements and renovation. However, Developer agrees that if such Fire Station No. 2 improvements and renovation do not commence during the term of this Agreement, the City, in its discretion, may apply the contribution to an alternative project. 4412928_2 -4- June 5 2021