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pf07-002
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pf07-002
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5/28/2014 2:13:20 PM
Creation date
6/14/2013 2:00:32 PM
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Planning Files
Planning Files - Planning File #
07-002
Planning Files - Type
Planned Unit Development
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4 <br />0 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />li�, <br />10.10 <br />part of ea��the TDM Plan. <br />Vu� �J` -� �� <br />y �,��� <br />PUD a�eement and <br />'o� intly determine whether a separate agreement should be entered intd re�ardi►�� <br />Payments in Lieu of Taxes for user services the COLLEGE receives due to its r� owtl <br />Any resultin�greement shall be entered into prior to the issuance of a buildin� <br />permit for future buildings or structures associated with this PUD. � <br />�l�,�'S ;,��,{,�ti��,i`�� <br />V.v 1 (�� <br />, �j� � �,`� C�'ti <br />10.11 The CITY s ne�ative EAW declaration for the Project analyzed the Project as defined by � <br />Exhibits A to F attached hereto. If the COLLEGE in the future proposes changes to the <br />scone of the �vork as defined bv these e�hibits that the CITY determines in its reasonable <br />discretion require supplementation of the environmental review conducted, the <br />COLLEGE shall undertake such additional study as the CITY determines necessar� <br />properlv evaluate the changes and assure that the negative declaration is still appropriate. <br />16 11.0 COLLEGE DEFAULT: <br />17 11.1 For purposes of this Agreement, the failure of the COLLEGE to perform any covenant, <br />18 obligation or agreement ofthe COLLEGE hereunder, and the continuance of such failure <br />19 for a period of thirty (30) days after written notice thereof from the City shall constitute a <br />20 COLLEGE default hereunder. Within the sixty (60) day period after notice is given, a <br />21 request may be made for a hearing (by either party) to be held before the City Council to <br />22 determine if a default has occurred. Upon the occurrence of COLLEGE default and <br />23 failure to cure, the City may withhold any certificate of occupancy for improvements <br />24 proposed to be constructed. <br />25 <br />26 l 1.2 Notwithstanding anything herein to the contrary, the COLLEGE may convey a parcel or <br />27 parcels of land within the PUD to a third party, and the conveyed parcels shall remain <br />28 subject to all of the terms of the PUD specifically relating to said parcels. ln that case, <br />29 the parties agree as follows: <br />30 <br />31 a. A default by the COLLEGE, or its successors in interest, in the performance of <br />32 the obligations hereunder, will not constitute a default with regard to the <br />33 conveyed parcel and will not entitle the CfTY to exercise any of its rights and <br />34 remedies hereunder with respect to such conveyed parcel, so long as the owner of <br />35 the conveyed parcel otherwise complies with applicable provisions of the PUD. <br />36 � <br />37 b. A default with regard to a conveyed parcel will not constitute a default with <br />38 regard to the parcels retained by the COLLEGE or other conveyed parcels, so <br />39 long as such retained or other conveyed parcels otherwise comply with applicable <br />40 provisions of this Agreement. <br />41 <br />42 12.0 MISCELLANEOUS: <br />43 12.1 This Agreement shall be binding upon the parties, their heirs, successors, tenants, or <br />m <br />
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