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Ord. 2557
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Ord. 2557
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Last modified
12/23/2025 1:35:18 PM
Creation date
12/23/2025 1:35:12 PM
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Template:
CC Index
CC Index - Document Type
Ordinance
Meeting Type
Regular
Agency Type
City Council
Date
12/22/2025
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<br />ATTY/ORD.0013/CC ORD 1548 MAPLE DA 4TH AMENDMENT – EXHIBIT A <br />REV: 11-24-25 VR <br />Page 7 of 14 <br />6. Reversion to Acreage. If Developer has not completed construction of all Work <br />and Improvements (as such terms are defined in the SIA) on or before the date that is ten (10) years <br />after the Fourth Amendment Effective Date (the “Blomquist Outside Date”), the City may elect <br />in its sole discretion to initiate reversion proceedings under Government Code Sections 66499.11 <br />et seq at any time after the Blomquist Outside Date. If City does so elect, Developer consents to <br />the reversion of the Property to acreage to the extent required for the City to make the finding <br />contemplated Government Code Section 66499.16(b)(1) and Developer waives and releases any <br />claims it may have against City or City Parties for damages, lost profits, loss of business goodwill <br />or diminution in value of the Property as a result of such reversion to acreage. Upon completion <br />of a reversion to acreage of the Property, Developer shall have no further rights or obligations <br />related to the Blomquist Extension Work under the Development Agreement and/or SIA and any <br />and all sureties related to the Blomquist Extension Work shall be released by City. Developer’s <br />obligations under this Section 6 shall survive the expiration or termination of the Development <br />Agreement. <br />7. Amendment of Subsection 4.2.B (Initial Term). Subsection 4.2.B of the <br />Development Agreement is amended is follow (deletions shown in strike out; additions shown as <br />double underlined): <br />“B. Initial Term. The “Initial Term” of this Agreement shall be eight (8)eleven <br />(11) years, commencing on the Effective Date September 3, 2018 (which accounts for the <br />seventy-four (74) day Litigation Period as defined in the Third Amendment) and expiring <br />on the 8th11th anniversary thereof, unless this Agreement is terminated or extended in <br />accordance with the provisions of this Agreement. <br />8. Amendment of Subsection 4.2.C. (Extension Term). Subsection 4.2.C. of the <br />Development Agreement is amended as follows (deletions shown in strike out; additions shown <br />as double underlined): <br />“C. Extension Term. Subject to the terms and conditions in this Section 4.2C, <br />Developer shall have the right to extend the Initial Term for one additional two (2)-year <br />period. In order to obtain the extension, (i) Developer shall be in compliance with all of <br />its obligations under this Agreement and Project Approvals at the time the extension <br />request is made and at the time the extension would become effective; (ii) Developer, prior <br />to the end of the Initial Term, shall have obtained certificates of occupancy for at least <br />fourteen (14) residential units commenced construction of buildings containing at least fifty <br />(50) residential units; and (iii) Developer, prior to the end of the Initial Term, shall have <br />completed the Blomquist Extension Work – City Segment and the Bay Trail Improvements <br />(collectively, the “Extension Criteria”). If Developer desires to exercise the extension, <br />Developer must submit a letter addressed to the City Manager requesting such extension <br />at least 60 days prior to the date that the Term otherwise would expire (“Extension <br />Request”). The Extension Request shall include documentation demonstrating that the <br />Extension Criteria have been satisfied or will be satisfied prior to the date that the Term <br />otherwise would expire. City shall grant the requested extension if the Developer is fully <br />in compliance with this Agreement and if Developer has met the Extension Criteria. City’s <br />determination whether Developer has met the Extension Criteria shall be based upon <br />objective criteria, such that the decision to extend this Agreement is ministerial, and not
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