CITY COUNCIL AGENDA PACKET - Laserfiche WebLink

Ordinance No. Page of 6 space/recreation areas that furthers the goals of the Framework Components. (c) Developer and such Other Owners as are willing to participate will submit preliminary and final development applications for the Master Plan. (d) Developer and such Other Owners as are willing to participate will submit environmental and engineering studies, primarily related to traffic and infrastructure, to support the Master Plan. (e) Developer and such Other Owners as are willing to participate shall enter into an agreement to reimburse the City for its costs associated with processing the Master Plan application(s), including the City’s retention of consultants to provide review and comment on the application and to prepare an Environmental Impact Report. 19.15 Review of Good Faith Efforts. Beginning on or about June 1, 2024, the City Manager shall evaluate whether Developer is making the good faith efforts required by Section 19.14. If the City Manager makes a finding that Developer has not complied in good faith and in a material respect with Section 19.14, then the parties shall comply with the provisions of Sections 6(b), (c) and (d) (which pertain to notice, opportunity to cure and remedies during an annual review of the Agreement), except that the reference to a finding of the City Council in Section 6(b) shall be read to apply to the findings of the City Manager, and the ninety (90) day period to cure shall be reduced to thirty (30) days. 19.16. Extension of Agreement Upon Adequate Progress. (a) As provided in Section 19.16(c) below, the City Manager shall adopt findings regarding whether adequate progress has been made by Developer towards the Master Plan. (b) The City Manager may refer the duty to make such findings to the City Council. Developer may appeal any findings adopted by the City Manager to the City Council within ten (10) days of the date such findings are adopted, by providing notice of such appeal to the City Clerk by overnight courier or personal delivery. Upon referral or appeal, the City Council’s review of the matter shall be de novo and the Council may consider evidence that was not presented to the City Manager. (c) City shall use reasonable efforts to ensure that findings by the City Manager and, if applicable, the City Council, are adopted by December 31, 2024. If such findings are not adopted by December 31. 2024, then the term of this Agreement is extended until the date such findings are adopted. (d) If the City determines that adequate progress has been made towards the Master Plan, then the termination date of the Agreement shall be extended to December 31, 2025, without the need for further action by City or Developer. Page 41 of 371