RecDoc 2026-002924 Development Agreement 901 El Camino Real

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(Y to the bike room at the Property free of charge during the time of City's Teen Center Flours, including during any additional use hours or City special events. C. Maintenance and Repair Obligations. The Developer shall be responsible, at their sole cost and expense, for maintaining the essential building systems of the Teen Center, such as heating, air conditioning, plumbing or electrical, exterior and interior building maintenance (including equipment maintenance and repair), flooring, janitorial services, insurance, and utilities. Contingent on City's use of the Teen Center and the Teen Center being separately metered, Developer agrees to break out all routine utility, maintenance, and janitorial costs associated with the Teen Center. The City agrees to reimburse the Developer based on a pro - rata contribution for the Teen Center's utility costs and routine maintenance and janitorial services at the Teen Center on a monthly basis. All janitorial services for the Teen Center will be to commercially reasonable cleaning standards and commercially reasonable rates. f. Dispute Resolution. The Parties shall endeavor to resolve any disputes, such as disputes on use, maintenance, repair or general upkeep of the Teen Center, by first engaging in a meet and confer procedure to resolve said disputes. If a dispute arises, the Parties shall first meet in good faith in an attempt to resolve the dispute. if the dispute is not resolved, either Party may initiate a non-binding mediation proceeding, with costs of engaging a mediator to be shared equally by the Parties. 2. Separate Agreement. The aforementioned terms and use of the Teen Center shall be memorialized in a separate lease agreement between the Parties, for a term of twenty-five (25) years, which shal l be in a form substantially similar to the form attached as Exhibit H, subject to minor modifications approved by the Developer and City Manager, in consultation with the City Attorney ("Teen Center Lease Agreement"). In order to mitigate any potential interruptions with programming that may occur at the end of the twenty-five (25) term, the City may request one (1) five (5) -year extension of the lease term, which approval shall not be unreasonably withheld. 3. Execution. The Teen Center Lease Agreement shall be executed prior to the issuance of the first Vertical Building Permit for the Project. Upon execution pursuant to this Section 2.3, the Teen Center Lease Agreement shall supersede and replace this Section 2.3.13 in its entirety and this Section 2.3.11 shall have no further force or effect. Section 2.4 Other Offered Public Improvements; JPB Land Exchange. A. Vacation of California Street Segment and Public Easements; Development of Franklin Street Segment City and JPB Land Exchanges. As indicated in Recitals B and C above, the Developer has obtained approval of the VTPM that includes a condition to summarily vacate a portion of California Street and Winklebleek Street, which has been designated to be exempt surplus land pursuant to Government Code Section 54221(f)(1)(B) which will be effectuated as required by the VTPM through the construction and acceptance of the flew Franklin Street Segment, including any related public utilities and easements. This relocation and realignment of California Street to the new Franklin Street Segment better aligns the City's public street grid and facilitates the JPB's acquisition of property through the land exchange between Developer and JPB. As described in Recital B, once the conditions of the VTPM are met, the City shall approve ATTY/AGR/2025.085 —901 EL CAM INO REAL DA REV: 08-01-25 VR Page 14 of 48 A