RES 87166 - Laserfiche WebLink

care entity having a 501(C)(3) exemption the assessment for the Excluded Area shall not be repaid so long as the Facilities constructed on said property are within the description of nonprofit health care facilities and services described in Section 2 and otherwise comply with this Agreement. 4. Use By Kaiser of the Excluded Area for Other Purposes. In the event Kaiser develops all or part of the Excluded Area for purposes other than those described in Section 2 hereof, Kaiser shall pay to the City within thirty (30) days of receipt of City discretionary land use approval for such use an amount equivalent to that described in Section 3 above. 5. Limitations on Successors-in-Interest to the Project Site. Except as provided herein, the obligations of Kaiser created by this Agreement are personal to Kaiser. In the event that the Excluded Area is sold or used by Kaiser for other purposes as described in Sections 3 and 4 hereof then, as security for the promises contained in Sections 3 and 4 hereof only, the City and Kaiser agree that the City shall issue no building permit for any structure on the Excluded Area to Kaiser or any successor-in-interest unless the provisions of Sections 3 and 4 of this Agreement have been met and may bring an action for collection of debt. This Agreement shall be recorded by the City, and this limitation on the use of the Excluded Area of the Project Site shall be binding on successors-in-interest. Promptly upon compliance by Kaiser with Sections 3 and 4 hereof, City shall execute a quitclaim deed to Kaiser and such other documents as may be required to eliminate the cloud on the title to the Excluded Area of the Project Site and eliminate the limitations on the use of the Excluded Area Site as Kaiser may require. 6. Use of Proceeds. City will direct any net proceeds received as a result of this Agreement to offset the cost of improvements included in NPID No. 3. I/kaiser -6-