Agmt98 Max Keech et al-Ord 2136 - Laserfiche WebLink

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finally designed comprises less than 89,000 gross buildable square feet, resulting in a reduction of the Property's contribution to the Redwood City General Improvement District No. 1-64 Facilities Fund, the Owners shall increase the Pedestrian Safety Contribution by an amount equal to such reduction; provided, that the total amount of the Pedestrian Safety Contribution shall not exceed $50,000. 6. GID Fees. The City agrees to use the Pedestrian Safety Contribution for the Pedestrian Safety Facilities only. In addition, the City agrees to use its best efforts to allocate any currently unallocated portion of the Property's contribution to the Redwood City General Improvement District No. 1-64 Facilities Fund for the Pedestrian Safety Facilities only. 7. City Council Resolution. The City Council agrees to direct the Architectural Advisory Committee to review the design, color and materials of the Revised Development and to direct the Zoning Administrator to exercise sound discretion in issuing an Architectural Permit approving the Revised Development substantially in conformance with the site plans an elevations attached as Exhibit B and which incorporates the mitigation measures described above. 8. Urgency Moratorium. The City hereby agrees to withdraw the Urgency Moratorium Ordinance from consideration and not to introduce, consider or adopt any other resolution, ordinance, initiative or other measure that would change the Specific Plan designation and CG zoning for the Property or otherwise interfere with, affect, modify or delay the Owner's vested rights to proceed with development of the Revised Development. 9. Release by the Owners. The Owners agree that upon issuance of all necessary approvals and permits for the Revised Development, Owners will release, defend and indemnify the City as follows: a. The Owners and their respective heirs, successors and assigns (collectively, the ~Owner Parties") hereby fully and forever release, exonerate, discharge, and covenant not to sue or charge the City from and for any and all claims, causes of action, demands, damages, actions, warranties, covenants, promises, contracts, agreements, obligations, costs (including attorneys and experts fees) and expenses, and any and all other liabilities of any kind or description, in law, equity or otherwise, whether known or unknown, suspected or unsuspected, concealed or hidden, which have existed, may have existed, now exist or may now exist in favor of the Owner Parties, or any of them, by reason of any matter, cause or thing whatsoever arising out of the City's failure and refusal to allow the Owners to proceed with the Development. This release includes the release