AgdaPkt 2019-09-09 Joint SA PFA - Laserfiche WebLink

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1.19 Project. The uses of the Property, the site plan for the Property and the Vested Elements (as defined in Section 3.1), as authorized by or embodied within the Project Approvals and the actions that are required pursuant to the Project Approvals. Specifically, the Project includes the demolition of the existing structures on the Property and the construction of new buildings including office, retail, and residential uses, an underground parking garage, and certain onsite and offsite improvements as more particularly described in the Project Approvals. 1.20 Proiect Approvals. The following approvals for the Project granted, issued and/or enacted by the City as of the date of this Agreement, as amended, modified or updated from time to time: (a) this Agreement; (b) the statement of overriding considerations and adoption of the MMRP and other actions in connection with environmental review of the Project; (c) Architectural Control, including approving a public benefit bonus; (d) Tentative Map; (e) Use Permit; (f) Heritage Tree Removal Permits; and (g) Below Market Rate (BMR) Housing Agreement. 1.21 Resolution No. 4159. City Resolution No. 4159 entitled "Resolution of the City Council of the City of Menlo Park Adopting Regulations Establishing Procedures and Requirements for Development Agreements" adopted by the City Council of the City of Menlo Park on January 9, 1990. 1.22 Substantially Complete Building Permit Application. Owner's completed or substantially completed application for a building permit for the underground parking garage to be built as part of the Project as reasonably determined by the City's Building Official applied in a manner consistent with City's standard practices in effect at the time of building permit submittal, accompanied by (i) payment of all Processing Fees and other fees required to be submitted with such application and (ii) plans/required submittals for all associated on-site and off-site improvements associated with such structure, as required by the Project Approvals. For the remaining elements of the Project, including without limitation the residential building and the two office buildings, a Substantially Complete Building Permit Application shall mean Owner's completed or substantially completed application for a building permit as reasonably determined by the City's Building Official applied in a manner consistent with the City's standard practices in effect at the time of building permit submittal accompanied by (i) payment of all Processing Fees and other fees to be submitted with such application and (ii) plans/required submittals for all associated on-site and off-site improvements. 2. Effective Date: Term. 2.1 Effective Date. This Agreement shall be dated and the rights and obligations of the Parties hereunder shall be effective as of the Effective Date. Not later than ten (10) days after the Effective Date, the City and Owner shall execute and acknowledge this Agreement, and the City shall cause this Agreement to be recorded in the Official Records of the County of San Mateo, State of California as provided for in Government Code Section 65868.5. However, the failure to record this Agreement 5 167T05\1960134.8 1/17/2017 PAGE 265