Title
The Cove Disposition and Development Agreement - Approval of Preconditions
Body
RECOMMENDED ACTION (Motion):
Staff recommends that the Urban Renewal Commission Approve Preconditions 3.2.1, 3.2.2 and 3.2.6 of the Cove Disposition and Development Agreement.
BACKGROUND:
The Cove Disposition and Development Agreement (DDA) identifies certain preconditions that must be satisfied within two hundred seventy (270) days after the Effective Date of the DDA. If all of the preconditions are satisfied, the parties associated with the DDA can then proceed with their respective obligations that are set forth in the Agreement. However, there are several preconditions within the DDA that require Urban Renewal Commission approval prior to the developer having the ability to submit land use applications for final approval. These preconditions can be referred to in Section 3.2 of the DDA (attachment 11) and consist of the following:
* 3.2.1 - The parties shall have agreed on the Development Plans pursuant to Section 5.1
(attachments 1, 3, 4 and 5)
* 3.2.2 - The parties shall have agreed on the Land Use Approval Applications for the
Project (attachments 3-10 and on file)
* 3.2.6 - The parties shall have agreed on the Earthwork Plan pursuant to Section 4.2.1
(attachments 2, 5 and 7)
Precondition 3.2.1 - The parties shall have agreed on the Development Plans pursuant to Section 5.1 of the DDA
Section 5.1 of the DDA requires that the developer make a presentation to the Commission on the proposed Development Plan for Phases 2A and 2B. The Commission has the right to review the Development Plan, including the design concept and quality (attachment 1) and infrastructure work based on the functional utility of the proposed improvements and for compliance with applicable City codes, rules and regulations (attachment 3, 4 and 5). "Infrastructure Work" is defined in the DDA as:
* Construction of Agnes Avenue between the Main/Agnes intersection and the proposed cul-
de-...
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