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<br />4.1 city Rights To Form Other Financina Districts. <br />Notwithstandinq any other provision in this agreement, the City <br />of P~easanton shall retain the right to form a financinq method <br />for mitiqation improvements which allow for benefit assessment <br />districts, such as Mello-Roos District andl915 street and <br />Highway Act Bonds, ~hat can be imposed on developed properties <br />within the City. <br /> <br />5. CONSIDERATION. In addition to the consideration for <br />this Agreement referenced in the Recitals to this Agreement, <br />Developer shall decrease the maximum square footage to be built <br />on the non-high density residential zoned lots of the Property to <br />3,976,673, or square feet, a decrease of 1,079,898 square feet <br />from the previous approved Phase I and Phase II agreements <br />covering the Property. <br /> <br />6. ~. The permitted uses of the Property, the density <br />or intensity of use, the maximum height and size of proposed <br />buildinqs and provisions for reservation and dedication of land <br />for public purposes shall be as provided in PUD and PUD-81-30-24M <br />and PUD-81-30-53D (Spanish Oaks). <br /> <br />7. PERIODIC REVIEW OF COMPLIANCE. <br /> <br />7.1 Annual Review. City and Developer annually shall <br />review this Agreement, and all actions taken pursuant to the <br />terms of this Agreement, with respect to the Project. The annual <br />review shall be undertaken in accordance with the provisions of <br />this Article 8. <br /> <br />7.2 Develooer's Submission. Not less than thirty <br />(30), nor more than sixty (60) days prior to March 1st of each <br />year, Developer shall submit to the City council a letter setting <br />forth Developer's good faith compliance with the terms and <br />conditions of this Agreement. However, failure to submit in a <br />timely manner shall not be equated with non-compliance with this <br />Agreement. The letter shall include a statement that the letter <br />is beinq submitted to City pursuant to the requirements of <br />S 65865.1 of the Development Agreement Legislation, and shall be <br />accompanied by all documents and other information reasonably <br />necessary and available to Developer to enable the City Council <br />to undertake ,its annual review of Developer's qood faith <br />compliance with the terms of this Aqreement. <br /> <br />7.3 Findina of Comoliance. The City Council shall <br />review the Developer's SUbmission to ascertain whether Developer <br />has complied in good faith with the terms of this Agreement. <br />Upon request of the City Council, Developer shall furnish any <br />additional documents or information reasonably required and <br />available to Developer to enable the City Council to make and <br />complete its review hereunder. If the City Council finds good <br />faith compliance by Developer with the terms of this Agreement, <br /> <br />- 7 - <br /> <br />" . . <br />