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ORDINANCE NO. NS-2979 <br />Page 11A-18: Term of Agreement is listed as four years. It should be 55 years. <br />2.4 t van, The terra of this Agrcurioni shal i cummerse or dw da:c (I he <br />"Corrunenecrncnt Date-) that is the E:ffeelive Date, grid shalt mlitijijkc far a perriod of. <br />ltatTl4lJO(Ill. unless this tens is acidified err extended pursuant to the <br />provisions al" this Agreariaaril. Thereafter, the OWNER shall have no vc5%d right <br />under this Aureemertt, reprdle» of whether or not OWNER leas paid any <br />Development Impact Fce. <br />Page 11A-19 This penalty is not anywhere near enough to incentivize the applicant to complete the project on <br />time, and the penalty amount will do little to help the City. A penalty at least half the development's <br />projected annual income should be considered. This general fund money could be used to help the homeless <br />or improve parks. Extending the construction process will further impact the residents of North Santa Ana due <br />to dust, noise and construction traffic, especially those with property bordering the development. Why settle <br />for less? This general fund money could be used to help the homeless or improve parks if it is collected. The <br />City is potentially giving money away. <br />(b) OWNER shall pay to the City Fitly Thousand <br />Dollars (S50,000) to partially compensate the City for the significant lost revenue to <br />be received by the City had the Project been completed. <br />Page 11A-26: Why would the City give them a no bid $1.4 million contract? The applicant should contribute <br />their $700,000 towards the project. There is no low end protection. <br />(b) Santiago Park Improvement Cnnstntetion. At the <br />City's determination, Owner shall manage and construct the Santiago Park Phase 11 <br />Park Improvements ("Part: Impruvetncnts"i tadjcct to review and approval by the <br />City. The Park Improvemcnts shall mclade, hot are not limited to design, engineering, <br />pennining, construction, and installation of irrigation, landscaping, security lighting <br />and bike trail enhancement, as dewrihed in nitre dctai � on Exhibit G. The total <br />expenditure for the Park Improvemcnts shall not exceed One Million Four Hundred <br />Thousand Dollars (SI,400,000) 1"11hase [1 Expenditure-). The State Coastal <br />Conservancy has notttitil the City that it has allocated up to Two Hundred Fitly <br />Thmeand Dollars ($250,000) for the Design of the Park I mprovements. if and when <br />the City receives the funds, in the event that the D7>agn work for the Park <br />Improvemcnts is less than Two Hundred Fifty Thousand Dollars (S250.000), the City <br />at its sole discretion, may make a request Io State CMIStal Conservancy, and if <br />approved by the Agency, the City will apply the excess gran[ funds to construction as <br />pan of the C i ty's cunt ri hui ion to the Park Improvements. Owner shall be responsible <br />for all aspects of the Fork Improvements, Prior to issuance ofpurntits, Gly shall have <br />the nghts to review, approve, anal accept the design and material quality of the Park <br />[ntproaernenis. Owner shall complete the Park Improvements in a timely fashion, by <br />the earlier of 36 months following issuance by the City the first building permit for <br />the construction of the Development, or prior to issitance of final approval of <br />occupancy for the Development. Followuig complesoo of the Pyk lusprovenents. <br />and no 'later than three years fivrn the issuance of a noliec of acceptance of Park <br />ImprovemeiiK. City shall reimhumeOwner an amount equal to filly percent (50%) of <br />the total oast of the Park Improvements, up to Seven Hundred Thousand Dollars <br />