Agmt14 Greystar GPII LLC Property Disposition Agreement

Browse Search

covenants of Developer to the benefit of the City shall not be satisfied, waived or otherwise extinguished by City's issuance of any Certification of Occupancy 212. Zoning of the City Property; Parcelization; Lot,Line Adjustment The City Property is currently zoned Planned Community (Downtown Precise Plan). It shall be the responsibility of the Developer, at its sole cost and expense, to obtain any rezoning, parcelization and/or lot line adjustment of the City Property as may be necessary to permit the development of the Project in accordance with the Project Approvals. Notwithstanding the preceding sentence, but without waiving any requirement for the Project Approvals or any other approvals or entitlements necessary for the Project, the City hereby finds and determines that, in light of the fact that the parcelization and development of the City Property, in combination with the Developer Property, will be subject to and governed by the Project Approvals and such other approvals and entitlements, the conveyance of the City Property hereunder, taken alone, is a conveyance of land that is exempt from the requirement for a tentative parcel map or parcel map pursuant to the provisions of the Subdivision Map Act (Government Code §§ 66426,6 and 66428) and the Municipal Code (section 30.10) and that no showing has been made, upon substantial evidence, that public policy necessitates a parcel map for such conveyance. 213. Condition of the City Property The City Property shall be conveyed from the City to the Developer in an "as is" condition. The City shall not be responsible for any items of site work. 300. OTHER COVENANTS OF THE DEVELOPER 301. Compliance with Pra'ect Conditions of Approval Developer acknowledges and agrees that it will execute City standard forms of the following agreements if required and included as part of the conditions of approval for the Project Approvals, some or all of which may be executed after the Closing Date: (i) a subdivision Improvement Agreement; (ii) a Landscape Maintenance Agreement; and (iii) a Stonnwater Treatment Measures Maintenance Agreement.. The foregoing sentence shall not be deemed to constitute a limitation on other conditions of approval that may be placed upon the Project Approvals or any waiver of any rights of the Developer with respect thereto. In addition, SalnTrans, the Developer and the City have reached a conceptual agreement regarding an access easement required by SamTrans in connection with the anticipated future electrification and signalization of the Caltrain railway, to provide reasonable access for SamTrans over a portion of the City Property situated adjacent to the CalTrain rail corridor, at a location acceptable to the Developer, 302. Obligation to Refrain From Discrimination The Developer covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of gender, sexual orientation, race, color, creed, religion, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, nor shall the ATTY/AGR/2014 197/RDW GREYSTAR PDA REV:10.01.14 PT&VR 824143 00017\9102745 13 14