ORD 1804 - Laserfiche WebLink

Ki-iACHIVlENT I Draft Modi~cal~on to Section 4 of the "First Amendment to Development A~,reement" {Deletion zs shown as a strike-out, and addition ts shown m under/ined bold print. Section 4 of the "Firat Amendmere to Development Agreement" is hereby amended to mad as follows: 4. Additional Traffic Imnmvemems. Section 3.2(i) of the Agreement is revised by adding the following at the and thereof: "Additional Traffic lmprovemems as used heroin shall specifically mean mitigation measures identified by the City to offset anticipated traffic impacts should it decide not to construct the West Las Positas intemhangc at 1-680. Furthermore, Developer agrees that the following special conditions shall apply to the additional 202.000 square feet of Floor Area approved as pan of the Project pursuant to the First A.mendmem to Developmere Agreement (but such conditions shall not apply to the previously-approved 178,000 square feet remaining unused at the date of such First Amendment): (A) no use of such additional Floor Area will be made until the curlier of(x) completion of the West Las Pesitas study and. as a consequence thereof. any General Plan I including revisions to the street network and/or acceptable levels-of-service therein) or (y) December 31. :99~ 2000: (B) within sixty_ (60) days following occurrence of the condition referred to in the foregoing paragraph (A), the City shall. by a majority vote of its City Council. either (x) revoke Developer's fights to the additional 202.000 square feet of Floor Area if developmere of such additional Floor Area is determined to be inconsistent with said Circulation Element (as the same may be mended as a result of the West Las Positas study), or (y) confirm Developer's rights to the additional 202.000 square feet of Floor Area if development of such additional Floor Area is determined to be consistent with said Cimulation Element (as the same may be amended as a result of the West Las Posims study). Such action by the City Council shall be undertaken at a regularly-noticed public hearing, and the Council action to revoke or to confirm shall be deemed a legislative action. Any such revocation shall not affect Developcr's other righis and obligations under the Development Agreemere as mended. nor limit or prejudice Developer's right at any time to request City approval (whether pursuant to the Developmant Agreement or otherwise) of additional expansion within the Stoneridge Shopping Center." P UD- 98-06 Planning Cornra~ssion Page 4