Reso PC22-09 0083 PC Reso Recommending General Plan Amendment Approval Harbor View Project

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ATTY/AGR/2022.389/HARBOR VIEW PROJECT DEVELOPMENT AGREEMENT REV: 10-28-2022 VR 21 A. Blomquist Water Main Improvements Credit. Developer shall be entitled to a credit against the Blomquist Bridge Contributio n in the amount of $612,238, plus the product of $612,238 times the percentage increase in CCI between the Effective Date and the date on which such payment is made, for the estimated cost of the Blomquest Water Main Improvements (“Blomquist Water Main Improvements Credit”). B. P ump Station Improvement Credit . Pursuant to MMRP Mitigation Measure HYD-5, Developer is required to install a new redundant duty pump at the Oddstad Pump Station and a new redundant duty pump at the Seaport Pump Station (“Pump Station Infrastructure”). The Pump Station Infrastructure shall be required by the approved Tentative Map for the Project and shall be included in the Subdivision Improvement Agreement defined in Section 3.6 above. Mitigation Measure HYD-5 also provides that Developer shall be entitled to a credit for costs of the Pump Station Infrastructure above the proportionate share of potential new development attributable to the Project, as determined by City (“Pump Station Improvement Credit”). The costs of the Pump Station Infrastructure shall be determined and set forth in the Subdivision Improvement Agreement based on plans and specifications approved by City. City shall determine the Pump Station Improvement Credit based on the amount of the costs of the Pump Station Infrastructure above the proportionate share of potential new development attributable to the Project. Developer shall be entitled to the Pump Station Improvement Credit, as determined herein. ARTICLE 7. ANNUAL REVIEW Section 7.1 Periodic Review. A. Purpose. As required by California Government Code section 65865.1, City and Developer shall review this Agreement and all actions taken pursuant to the terms of this Agreement with respect to the development of the Project every 12 months following the Effective Date to determine good faith compliance with this Agreement. Each annual review shall also document: (i) the status of the Project development; and (ii) any extension of the Initial Term of this Agreement pursuant to Section 4.2C above. B. Conduct of Annual Review. The annual review shall be conducted as provided in this Section 7.1. By December 1st of each year, Developer shall provide documentation of its good faith compliance with this Agreement during the previous calendar year, including a completed Annual Review Form in the form provided in Exhibit D (“Annual Review Form ”) and such other information as may reasonably be requested by the City Manager. If the City Manager finds good faith compliance by Developer with the terms of this Agreement, Developer shall be notified in writing and t he review for that period shall be concluded. If the City Manager is not satisfied that Developer is performing in accordance with the terms and conditions of this Agreement, the City Manager shall prepare a written report specifying why Developer may not be in good faith compliance with this Agreement, refer the matter to the City Council, and notify Developer in writing at least 15 business days in advance of the time at which the matter will be considered by the City Council. This notice shall include the time and place of the City Council’s public hearing to evaluate good faith compliance with this Agreement, a copy of the City Manager’s report and recommendations, if any, and any other information reasonably necessary to inform Developer of the nature of the proceeding. The City Council shall conduct a