PC-92-80 - Laserfiche WebLink

AGREEMENT The Preamble, the Recitals, and all of the defined terms set forth therein, are hereby incorporated into this Agreement as if set forth herein in full. 1. SUPERSEDURE OF PHASE I AND PHASE II DEVELOPMENT AGREEMENTS. with Developer's consent, the Phase I Development Agreement and the Phase II Development Agreement hereby are repealed, revoked, and superseded in their entirety onlv as to the property described in Exhibit "A" of this Agreement., 2. EFFECTIVE DATE: TERM AND COMPLIANCE. 2.1 Effective Date. ,This Agreement shall be dated, and the obligations of the parties hereunder shall be effective, as of the date on which the Enacting Ordinance was enacted by the city council ("Effective Date"). Not later than ten (10) days after the Effective Date takes effect, city, by and through its Mayor or other officer duly authorized, and Developer shall execute and acknowledge this Agreement, and thereafter the City Clerk shall cause this Agreement to be recorded in the Official Records of the county of Alameda, State of California. The cost of recording this Agreement, if any, shall be borne by Developer. 2.2 ~. The term ("Term") of this Agreement shall commence on the Effective Date and shall terminate on December 31, 2020, unless sooner terminated or extended as hereinafter provided. 2.3 comnliance with Previous Develonment Aareements. Based upon the factual representations, showings and oral and written testimony received by the city prior and during the public hearings preceding enactment of the Enacting Ordinance, the City council hereby finds and determines that the Developer has complied with the terms and obligations set forth in the Phase I Development Agreement and the Phase II Development Agreement prior to the effective date of the Enacting Ordinance. 3. GENERAL DEVELOPMENT OF THE PROJECT. 3.1 POD: Local Rules. Developer shall have the vested right to develop the Property in accordance with the terms and conditions of POD and PUD-81-30-24M and this Agreement, and the city shall have the right to control development of the Property in accordance with the provisions of PUD and PUD-81-30-53D (Spanish Oaks) and this Agreement. Except as otherwise specified in this Agreement, development of the Property shall be subject to all City rules, regulations and official policies, fees and development fees, including, 'without limitation, the General Plan, Zoning Code, Subdivision Code, Municipal Code and Building Codes ("Local Rules") governing the overall design, development - 3 - II .