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NET DEVELOPMENT CO. - 2016
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NET DEVELOPMENT CO. - 2016
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Last modified
6/9/2017 9:42:02 AM
Creation date
11/9/2016 1:47:33 PM
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Contracts
Company Name
NET DEVELOPMENT CO.
Contract #
A-2016-277
Agency
PLANNING & BUILDING
Council Approval Date
9/20/2016
Expiration Date
3/31/2017
Destruction Year
0
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effect for the period of one hundred eighty (180) consecutive calendar days immediately <br />following the Effective Date ("Negotiation Period"), subject to the limitations of Sections 3(b). <br />(b) The Negotiation Period may be extended upon the mutual written <br />agreement of the City Manager and the Developer for no more than two (2) additional <br />consecutive ninety (90) calendar day periods. Notwithstanding the immediately preceding <br />sentence or any other part of this Agreement, in no event shall the Negotiation Period exceed <br />three hundred sixty (360) consecutive calendar days from the Effective Date. <br />(c) This Agreement shall automatically expire and be of no further force or <br />effect at the end of the Negotiation Period (as may be extended pursuant to the terms of this <br />Agreement), unless, prior to that time, the City and the Developer approve and execute a separate <br />DDA acceptable to the two Parties, in their respective sole and absolute discretion, in which case <br />this Agreement will terminate on the effective date of such DDA. <br />4. Obligations of Developer. During the Negotiation Period, the Developer shall <br />proceed diligently and in good faith to develop and present to City staff for review, all of the <br />following: <br />(a) A complete development application, together with the payment of all <br />applicable review fees for the Project on the Property that describes and depicts: (1) the location <br />and placement of proposed buildings and (2) the architecture and elevations of the proposed <br />buildings; <br />(b) Proposed zoning change or changes to the City's General Plan, if any, <br />necessary to accommodate the Project on the Property; <br />(c) A written commitment from an agent of a recognized hotel chain which <br />written commitment must reflect the exact class and quality of the hotel brand; A proposed time <br />schedule and cost estimates for the development of the Project on the Property; <br />(d) A proposed financing plan identifying financing sources for all private and <br />public improvements proposed for the Project; and <br />(e) A preliminary financial analysis demonstrating the costs and benefits to <br />the City regarding all construction, maintenance and operations of all proposed public <br />improvements, the costs of additional or increased levels of public services and any new public <br />revenues anticipated to be generated by the Project. <br />4.1 Parties aclmowledge and agree that all submittals required by this <br />Agreement shall be made pursuant to the time attached hereto as Exhibit C. Exhibit C may be <br />amended administratively by City Manager with the concurrence of Developer, provided that the <br />timeline does not exceed the Negotiation Period. <br />5. Negotiation of DDA. During the Negotiation Period, the Parties shall negotiate <br />diligently and in good faith to negotiate a DDA among them. The Parties shall generally <br />cooperate with each other and supply such documents and information as may be reasonably <br />requested by the other to facilitate the conduct of the negotiations. The Parties shall exercise <br />-3- <br />
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