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with or result in a breach of any statute, rule or regulation, or any judgment, decree or order of any
<br /> court, board, commission or agency binding on Developer, or any provision of the organizational
<br /> documents of Developer, or will conflict with or constitute a breach of or a default under any
<br /> agreement to which Developer is a party, or will result in the creation or imposition of any lien
<br /> upon any assets or property of Developer, other than liens established pursuant hereto.
<br /> (f) Pending Proceedings. Except as disclosed in writing to the City prior to
<br /> execution of this Agreement, Developer is not in default under any law or regulation or under any
<br /> order of any court, board, commission or agency whatsoever, and, to the best of Developer's
<br /> knowledge, there are no claims, actions, suits or proceedings pending or, to the knowledge of
<br /> Developer, threatened against or affecting Developer, at law or in equity, before or by any court,
<br /> board, commission or agency. Developer is not the subject of a bankruptcy or insolvency
<br /> proceeding.
<br /> 2.2 Effective Date. The obligations of Developer and City hereunder shall be effective
<br /> as of the Effective Date which date is set forth in the preamble to this Agreement.
<br /> 2.3 Project Scope. Subject to City's approval of plans, compliance with CEQA, and the
<br /> terms and conditions of this Agreement, the Project is proposed to include the construction of not
<br /> less than 117 apartments that will be rented to low-income senior households at affordable rents,
<br /> one manager's unit, ground floor commercial space designed for use as a childcare center, 59
<br /> residential parking spaces, at least 15 commercial parking spaces, a car sharing parking space, the
<br /> publicly accessible creekside trail that will be developed on the Creekside Trail Parcel and the
<br /> eastern most portion of Fee Parcel A 1 , and related improvements. All of the residential units
<br /> except the manager's unit will be subject to affordability and occupancy restrictions in accordance
<br /> with the Regulatory Agreement. If within twelve ( 12) months following the Effective Date, City
<br /> has not completed a land exchange and lot-line adjustment that will enable the City to convey Fee
<br /> Parcel A2 to Developer and/or has not resolved any issues necessary to convey all of the Property,
<br /> including the Tideland Parcel in fee simple to Developer, then the scope and/or footprint of the
<br /> Project may be modified in a manner approved by City and Developer, or Developer may
<br /> terminate this Agreement. The final approved Project scope, as such may be modified pursuant to
<br /> this Section, will be described in Exhibit F and attached to this Agreement.
<br /> 2.4 Design Review; Conditions of Approval; Environmental Review. Developer will
<br /> submit design documents for the Project, including a site plan, elevations and schematic drawings,
<br /> for review and approval by the City Planning Commission or City Council, as applicable. If the
<br /> City does not approve any submittal, the City shall provide a written statement of its grounds for
<br /> such disapproval, and Developer shall submit revised design documents that address the City's
<br /> objections. Developer agrees that it shall construct the Project in accordance with the approved
<br /> design documents.
<br /> Consistent with CEQA Guidelines Section 15332, the City Council has determined that
<br /> as proposed, the Project qualifies for exemption from review under CEQA as an in-fill
<br /> development project. In the event that the proposed Project is modified or other circumstances
<br /> arise that would affect the Project' s eligibility for exemption from CEQA review, prior to
<br /> submitting an application for land use approvals for the Project, Developer shall cause to be
<br /> performed any additional environmental studies required by the City in connection with
<br /> ATY/AGR/2017.218/RWC — BRADFORD — DDA
<br /> REV: 09-18-17 VR
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