Laserfiche WebLink
DRAFT <br />Exhibit Referred to <br />Desi nation Description in Section <br />A Sky Lofts Property Legal Description 1.4 <br />B Sky Lofts Property Graphical Description (Site Plan) 1.4 <br />C Public Art Locational Plan 2.5 <br />D Remaining Offsite Mitigation Measures 5.3 <br />4. GENERAL PROVISIONS. <br />4.1 Amendment and Restatement. This First Amendment amends, restates <br />and supersedes the Amended Agreement only as explicitly set forth herein, and only as it relates to <br />the Sky Lofts Property. In all other respects, the Amended Agreement shall remain in full force <br />and effect. <br />4.2 Sky Lofts Property Exclusively Subject to the First Amendment. Until <br />released pursuant to the provisions of Section 8.6 below, no property shall be released from this <br />First Amendment until Owner has fully performed its obligations arising out of the First <br />Amendment. <br />4.3 Effective Date; Duration of First Amendment. <br />(1) The "Effective Date" of this First Amendment shall be the date that <br />the City Council ordinance adopting this First Amendment becomes effective, which date is thirty <br />(30) days after the City Council meeting at which such ordinance is adopted, unless it or <br />Ordinance No. NS- (the amendment to SD-59) is the subject of a referendum which has <br />received a prima facie sufficient number of signatures, or unless its effective date is stayed by <br />order of a court of competent jurisdiction. <br />(2) The term of this First Amendment shall for seven (7) years from the <br />Effective Date ("Initial Term"); provided, however that the Owner may request a single three-year <br />extension ("Extended Term") from the Executive Director of the Planning and Building Agency, <br />which request shall not be unreasonably denied. Nothing herein is intended nor shall it be <br />interpreted to extend the period of validity of any approval issued in conjunction with the City's <br />Development Project Plan process or building permit, beyond local requirement. <br />(3) Pursuant to Section 66452.6(a) of the California Subdivision Map <br />Act, the term of Tentative Tract Map No. 14230, including any lot line adjustment or merger of <br />lots (or any other tentative map approved by the City relating to the Sky Lofts Property <br />75D-79 <br />