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

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environmental analysis for the City's decisions to authorize Owner to proceed with the Project as embodied in the Project Approvals and this Agreement and subsequent development of the Project during the Term of this Agreement. The Mitigation Measures imposed are appropriate for the implementation of proper planning goals and objectives and the formulation of Project conditions of approval. In view of the foregoing, the City agrees that the City will not require another or additional environmental impact report or environmental review for any subsequent Approvals implementing the Project to the extent that is consistent with the California Environmental Quality Act. Owner shall defend, indemnify and hold the City harmless from any costs or liabilities incurred by the City in connection with any litigation seeking to compel the City to perform additional environmental review of any subsequent Approvals. 4.5 Easements; Improvements. The City shall cooperate with Owner in connection with any arrangements for abandoning existing easements and facilities and the relocation thereof or creation of any new easements within the Property necessary or appropriate in connection with the development of the Project. If any such easement is owned by the City or an agency of the City, the City or such agency shall, at the request of Owner, take such action and execute such documents as may be reasonably necessary in order to abandon and relocate such easement(s) as necessary or appropriate in connection with the development of the Project in accordance with the Project Approvals. All on-site and off-site improvements required to be constructed by Owner pursuant to this Agreement, including those set forth in the Project Approvals, shall be constructed by Owner. 5. Condition Precedent. Owner's obligations under Sections 6 and 7 inclusive are expressly conditioned on the City's issuance of a building permit for the underground parking garage to be built as part of the Project. This condition shall be referred to as the "Condition Precedent". 6. One Time Public Benefit; Downtown Public Amenity Fund. Prior to issuance of any building permit for the underground parking garage, Owner shall make a payment of One Million Fifty Thousand Dollars ($1,050,000) to the City for deposit into the Downtown Public Amenity Fund. Prior to City sign off on any building permit allowing occupancy of office, retail, or residential space, Owner shall make a second payment of One Million Fifty Thousand Dollars ($1,050,000) to the City for deposit into the Downtown Public Amenity Fund. 7. On -Going Public Benefits. 7.1 Dog Park. The Project shall incorporate a fenced dog park located as shown on Exhibit A attached hereto that shall be open to the public consistent with the public use agreement attached to this Agreement as Exhibit C (the "Public Use Agreement"). Prior to City sign off on any building permit allowing occupancy of office, retail, or residential space in the Project, the Public Use Agreement shall be recorded against the Property. Construction of the dog park shall be completed substantially in conformance with the Project Approvals and all other applicable state and local building codes, development standards, and ordinances prior to City sign off of the building 10 1677\051960134.8 1/17/2017 PAGE 270