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Reso25 16296
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Reso25 16296
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4/29/2025 3:59:13 PM
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4/29/2025 3:56:21 PM
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CC Index
CC Index - Document Type
Resolution
Date
4/28/2025
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estimate based upon preliminary information, and that it may be necessary to update this <br />information prior to Close of Escrow. <br />(b) Prior to the Close of Escrow, the Qualified Designee shall submit any <br />material updates and revisions to the Financing Proposal, including, without limitation, revisions <br />to the anticipated project development costs, and revenues. The City's review shall be strictly <br />limited to fundamental feasibility issues related to the Affordable Development. The City may also <br />request reasonable additional materials from Qualified Designee that the City deems necessary to <br />consider the Financing Proposal. Once the City has received the requested materials, the City shall <br />reasonably approve or disapprove the revised Financing Proposal in writing within ten (10) <br />business days of the City’s receipt. If the City fails to respond within this timeframe, the revised <br />Financing Proposal shall be deemed approved. Upon City approval (or deemed approval), the <br />Financing Proposal shall be referred to as the Financing Plan. <br />(c) If the Financing Proposal (or any material proposed modification thereof) <br />is disapproved by the City, the City shall identify its reasons for such disapproval and the Qualified <br />Designee shall have fifteen (15) calendar days from the date of the Qualified Designee ‘s receipt <br />of the City’s notice of disapproval to submit a revised Financing Proposal. The provisions of this <br />Section 3.2 relating to time periods for approval, disapproval and resubmission of a new Financing <br />Proposal shall continue to apply until the revised Financing Proposal has been approved by the <br />City. <br />Section 3.3 Land Donation of Affordable Site. <br />(a) As part of the 901 El Camino Real Project Approvals, the Developer agreed <br />to the Land Donation of the Affordable Housing Site in order to satisfy its obligations under the <br />Ordinance. At the Close of Escrow for the Affordable Site, in satisfaction of the Developer’s <br />obligations under the Ordinance and the Affordable Housing Plan, the Developer shall donate the <br />Affordable Site to the Qualified Designee. The Developer’s obligations under the Ordinance and <br />the Affordable Housing Plan shall not be deemed satisfied unless the Close of Escrow occurs, <br />except as otherwise provided in Section 2.3, above. <br />Section 3.4 Title Due Diligence; Opening Escrow. <br />(a) As of the Effective Date, the Qualified Designee and City have reviewed <br />and approved the amended Preliminary Title Report issued by Commonwealth Land Title <br />Company (“Title Company”) on December 24, 2024, attached as Exhibit A-2, for the Affordable <br />Site. Upon the Close of Escrow for the Affordable Site, the Qualified Designee shall have <br />insurable fee title to the Affordable Site which shall be free and clear of all liens, encumbrances, <br />clouds and conditions, rights of occupancy or possession, except: (1) applicable building and <br />zoning laws and regulations, including but not limited to any conditions of approval; (2) the Grant <br />Deed; (3) the Irrevocable Offer to Dedicate; (4) the Affordable Housing Restrictive Covenant; (5) <br />all exceptions in the Preliminary Title Report; (6) the Deed of Trust securing the Qualified <br />Designee’s performance under the Affordable Housing Restrictive Covenant; and (7) any lien for <br />current taxes and assessments or taxes and assessments accruing subsequent to recordation of the <br />Grant Deed. <br />ATTY/RESO.0029/CC RESO APPROVING ARCHITECTUAL PERMIT, TENTATIVE PARCEL MAP (920 SHASTA) - EXHIBIT C <br />REV: 04-22-25 VR <br /> <br />Page 13 of 224
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