ORD 2285 - Laserfiche WebLink

AGREEMENT ARTICLE A Pre -Annexation Obligations And Commitments Section A.1 Annexation of Proiect Site. After the Effective Date of this Agreement (defined in Section 1.2 below), and consistent with the covenants, terms and conditions of this Agreement, City and Developer will initiate proceedings under the CKH Act for annexation of the Project Site into the City. City and Developer agree to take such subsequent actions as may be reasonably required to complete the annexation of the Project Site under the conditions imposed by LAFCO and reasonably acceptable to City and Developer. Section A.2 No Change to Prosect Approvals. The City and Developer acknowledge that the Project Approvals are material to their agreement to annex the Project Site to the City and that the City is relying on the Project Approvals being implemented as a condition to agreeing to the annexation. As a condition precedent to the annexation, the Parties agree that they shall not take any action to modify or overturn the Project Approvals, or impede their implementation, nor take any other action inconsistent with the Project Approvals prior to completion of the annexation and the effectiveness of this Agreement, except as the Parties may otherwise agree in writing. Section A.3 Support Annexation. In reliance on the representations and covenants herein, the Parties agree to support the annexation of the Project Site to the City, including to cooperate in: (i) annexation of the Project Site; (ii) providing for the orderly transfer of jurisdiction over the Project Site from Alameda County to the City to avoid duplication of effort and any delay in processing occasioned by the annexation; and (iii) completing the annexation, subdivision, and development as contemplated by this Agreement and the Project Approvals. Section A.4 Binding Provisions. Notwithstanding that the Initial Term of this Agreement (described in Section 1.3 below) commences on the Effective Date, Article A and Sections 1.6, 3.3, 6.2, 6.3, 6.4 and 6.6-6.22 of this Agreement shall be binding upon City and Developer upon execution of this Agreement by the Parties until such time as this Agreement expires or is terminated according to its terms. Upon commencement of the Initial Term, this Agreement shall be a Development Agreement in accordance with the Development Agreement Statute. ARTICLE 1 Description of Property. Effective Date and Term Section 1.1 Description of Property. The real property which is the subject of this Agreement is the Project Site, as more particularly described and depicted in the attached DA Exhibit A-1 and DA Exhibit A-2. Section 1.2 Effective Date. The effective date of this Agreement ("Effective Date') shall be the later of (a) thirty (30) days after the date the City ordinances approving this Agreement and PUD -147 are adopted by the City Council and attested by the City Clerk, (b) if a referendum petition is timely circulated, filed and qualified by the Elections Official, the date the election results on the ballot measure by City voters approving this Agreement are certified by the City Council in the manner provided by the Elections Code, or (c) the date the annexation proceedings are complete. This Agreement shall be executed by the Parties within ten (10) days after the later of subsection (a) or (b) of this Section 1.2.