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Last modified
9/30/2025 3:42:16 PM
Creation date
12/19/2022 4:05:09 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
12/19/2022
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Reso 2022-225 3rd Amendment to Shoreline DDA_PSA KB
(Amended)
Path:
\City Clerk\City Council\Resolutions\2022
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<br /> (i) §5.2(f) [No tenants or occupants of the Property] <br /> <br />(c) The Post-Closing PSA Requirements in (a)(i), (a)(ii) and (a)(iii) above <br />shall be satisfied prior to the issuance of permits for site preparation for the Single Family <br />Element. The Post-Closing PSA Requirement in (a)(iv) above shall be satisfied by the approval <br />of the Subsequent Map for the Single Family Element. The Post-Closing PSA Requirement in <br />(b)(i) above shall be satisfied prior to the issuance of permits for site preparation for the Single <br />Family Element. <br /> <br /> 3. Deferral of Conditions Precedent to Commencement of Ground Leases. The <br />following City’s Conditions Precedent to Ground Lease Commencement shall be “Post- <br />Commencement Ground Lease Requirements” that may be satisfied after the date of the Ground <br />Lease Commencement by Developer within the times set forth below, in lieu of being satisfied <br />before the Ground Lease Commencement: <br /> <br />(i) §1.4.3.1(g), 1.4.4.1(e), 1.4.5.1(f), 1.4.6.1(f) [Notice of prevailing wage <br />applicability] <br /> <br />(ii) §1.4.3.1(h), 1.4.4.1(f), 1.4.5.1(g), 1.4.6.1(g) [General Contractor entry into <br />Project Labor Agreement]; provided that Developer shall submit evidence of entry into a Labor <br />Relations Development Agreement prior to Ground Lease Commencement, under which each <br />applicable prime contractor is required to enter into a Project Labor Agreement for the <br />performance of covered work for the applicable Element Project prior to the issuance of permits <br />for each phase of construction (Site Preparation, Horizontal Improvements, and Vertical <br />Improvements). <br /> <br />(iii) 1.4.3.1(j), 1.4.4.1(g), 1.4.5.1(h), 1.4.6.1(h) [Developer submission of <br />insurance policies] <br /> <br />The Post-Commencement Ground Lease Requirements in (i), (ii), and (iii) above <br />shall be satisfied prior to the issuance of permits for site preparation for the applicable Element. <br /> <br />4. Schedule of Performance. The DDA Schedule of Performance (Exhibit J to the <br />DDA) is hereby replaced with the Amended and Restated Schedule of Performance attached <br />hereto as Exhibit J (Amended) and incorporated herein. The Single Family PSA Schedule of <br />Performance (Exhibit D to the Single Family PSA) is hereby amended to be consistent with the <br />Amended and Restated Schedule of Performance attached hereto. <br /> <br /> 5. No Modification or Waiver. Except as otherwise expressly set forth herein, all <br />other terms and conditions of the DDA and Single Family PSA remain in full force and effect. <br />Capitalized terms used without definition herein have the meaning ascribed to such terms in the <br />DDA and Single Family PSA, as applicable.
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