AgdaPkt 2013-09-09 - Laserfiche WebLink

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ATT...,,..�.,T„ 7.A. - Page 161 including the Project, through the year 2030. However, as noted in Section 2.4 above, nothing in this Agreement is intended to provide any reservation of potable water or sanitary sewer capacity. 2.13 CEQA/Miti�ation Measures. The City has prepared and certified the EIR, which evaluates the environmental effects of full development, operation and use of the Project, and has imposed all feasible mitigation measures to reduce the significant environmental effects of the Project. The Parties understand that the EIIZ is intended to be used not only in connection with the Existing Approvals, but also, to the extent legally permitted, in connection with necessary Subsequent Project Approvals. However, the Parties acknowledge that certain Subsequent Project Approvals may legally require additional analysis under CEQA. For example, a change in the Project could require additional analysis under CEQA if the triggering conditions identified in CEQA Guidelines section 15162 are met. In the event supplemental or additional CEQA review is required for a Subsequent Project Approval, City shall limit such supplemental or additional CEQA review to the scope of analysis mandated by CEQA in light of the scope of City's discretion to be exercised in connection with the Subsequent Project Approvals. Developer acknowledges that, if the City determines based upon supplemental or additional CEQA review that the Project will result in new significant effects or substantially increase the severity of effects that were identified in the EIIZ, City may require additional feasible mitigation measures necessary to mitigate such impacts, provided however (except as otherwise expressly provided herein) such additional mitigation measures shall not prevent development of the Project for the uses set forth in the Precise Plan. Developer shall comply with the mitigation measures in the MMRP, which reflect the mutually agreed-upon timing of specified improvements and Developer's pro rata share of funding, where applicable. In the event further mitigation measures are identified by such additional environmental review, City may require, and Developer shall comply at its expense with, all feasible mitigation measures necessary to substantially lessen new or substantially more severe significant environmental impacts of the Project, which were not foreseen at the time of execution of this Agreement. ARTICLE 3 PUBLIC BENEFITS 3.1 Public Benefits Obli_atg ions. In consideration of the rights and benefits conferred by City to Developer under this Agreement, Developer shall perform the public benefit obligations and pay to City the Contributions set forth in this Article 3 all within the times set forth herein. 3.2 Nei�hborhood Streets Enhancement Pro�ram. Developer shall contribute $1,500,000 to the Neighborhood Streets Enhancement Program within the times set forth in Section 3.2.1 below ("Neighborhood Streets Enhancement Program Contribution"). Commencing on the second anniversary of the Effective Date, the remaining amount of Neighborhood Streets Enhancement Program Contribution shall be increased annually based on the increase in the Construction Cost Index for San Francisco over the prior one-year period, as published from time to time by the Engineering News Record ("ENR Index"). 3.2.1 Pavment. Except as otherwise provided in Section 1.32 above, the Neighborhood Streets Enhancement Program Contribution shall be paid by Developer to City in three installments as follows: OAK#4824-6359-3743 vll 2� ATTY/AGR/2013.134/STANFORD DEVELOPMENT AGREEMENT REV: 08-14-13 PT