CCMIN100201 - Laserfiche WebLink

$500,000 in designing the school, which design has been submitted to the State Architect for review. The District also signed a document that stated it was committed to certain terms and would conunit to a final agreement that embodied those t~lms. When the District did that, it turned away, consciously, publicly and as officially as possible from the 1993 agreement. One could argue in court that the District could not be held to that, however, the developers would also argue that in reliance on all the previous commitments that the new agreement is binding. Ms. Ayala asked the City Attorney if the 1993 agreement was still valid, since the City had not signed the amendments. Mr. Roush did not agree with Mr. Freeman on this particular issue. He agreed an argument could be made by the developers as to why the amendments have taken effect; however he could not reach the same conclusion. Ms. Ayala referred to point//8 in the Points of Agreement and asked Mr. Freeman to read it. Mr. Freeman quoted "The Cooperative Fee developers will cooperate with District in arranging and participating in meetings with the development community in Pleasanton, including but not limited to the developers of the Vineyard Corridor area toward the end of reaching agreement with these other developers concerning the District's remaining facilities needs". Ms. Ayala asked if he thought that point was fulfilled and if there was a solution to all these problems. Mr. Freeman said in the current environment, the District staff has concluded that this plan can meet all the facilities for the District. It is not ideal, but neither was the prior agreement. The big concern in the current economy is whether reopening this will lead to anything better. Ms. Ayala referred again to the sentence in the proposed agreement "The Cooperative Fee Agreement when taken into account with other developer agreements in the City was intended to insure the District would be able to timely complete work on school facilities as identified on Exhibit B." Should the word "timely" be taken out? Mr. Freeman indicated the clause that was quoted appears in the Recitals to the agreement. The recitals state historically what has happened with the agreement. It refers to the Cooperative Fee Agreement, not the currently proposed amendments. It also states in paragraph D, "this Amended Cooperative Fee Agreement is intended to amend the Cooperative Fee Agreement and to supersede the terms thereof." It is still the intent to meet all the District's needs through these agreements. Ms. Dennis referred to how the funds are spent from the Girl Agreement. Are they tied to facilities or not? Pleasanton City Council 11 10/02/01 Minutes