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<br />1.8. Mitigation Monitoring and Reporting Program (MMRP).
<br /> Developer shall be solely responsible for conducting, and paying for, all mitigation and
<br />reporting measures required by the Mitigation Monitoring and Reporting Program (MMRP).
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<br />ARTICLE 2.
<br />DEVELOPMENT APPROVALS FOR THE PROJECT
<br />2.1. Project Approvals. In order to develop the Project as contemplated in this
<br />Agreement, the Project will require land use approvals, entitlements, development permits, and
<br />use and/or construction approvals, which may include, without limitation: vesting tentative
<br />maps, development plans, conditional use permits, variances, subdivision approvals, street
<br />abandonments, design review approvals, demolition permits, improvement agreements,
<br />infrastructure agreements, grading permits, building permits, right-of-way permits, lot line
<br />adjustments, site plans, sewer and water connection permits, certificates of occupancy, parcel
<br />maps, lot splits, landscaping plans, master sign programs, transportation demand management
<br />programs, encroachment permits, and amendments thereto and to the Project Approvals.
<br />Developer shall apply for and obtain all such environmental and land use approvals and
<br />entitlements related to the development of the Project. For purposes of this Agreement, the term
<br />“Project Approvals” means all of the approvals, plans and agreements described in this
<br />Section 2.1. City and Developer agree to work diligently and in good faith toward appropriate
<br />planning entitlements and building permit approvals for each phase of construction.
<br />2.1.1. CEQA. The FEIR, which was prepared pursuant to CEQA, was
<br />recommended for adoption by the Planning Commission on June 18, 2015, and adopted with
<br />findings by the City Council on July 20, 2015, by Resolution No. 2015-125. The FEIR
<br />Addendum, based upon changes in the Project after the FEIR was certified by the City Council
<br />and was prepared pursuant to CEQA, was recommended for adoption by the Planning
<br />Commission on February 6, 2020 and adopted with findings by the City Council on February 24,
<br />2020 by Resolution No. _________. In the event any further CEQA documentation or approvals
<br />are required for the Project, Developer shall apply for and obtain such further CEQA
<br />documentation and approvals at Developer’s expense.
<br />2.1.2. BCDC. City shall apply for and obtain any and all necessary permits and
<br />authorizations from the San Francisco Bay Conservation and Development Commission
<br />(“BCDC”) that are required for the Park Element. Developer shall apply for and obtain any and
<br />all necessary permits and authorizations from BCDC that are required for the Project Elements to
<br />be constructed by Developer, if any are so required. Developer shall cooperate with City with
<br />respect to any applications and presentations that are made by the City to BCDC with respect to
<br />the Park Element and the Project, and if required by BCDC, each Party shall, at its sole expense,
<br />prepare all materials required for all of its presentations to be made to BCDC with respect to the
<br />Project.
<br />2.1.3. Development Agreement. Developer and City staff shall negotiate
<br />diligently and in good faith with each other towards the preparation of a mutually acceptable
<br />Development Agreement for the Project within twelve (12) months from the Agreement Date, as
<br />set forth in the Schedule of Performance.
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