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ORDINANCE N0.2013-01 <br />INTRODUCED BY: Mayor Rinker and Council as a Whole <br />AN EMERGENCY ORDINANCE <br />AUTHORIZING AND DIRECTING THE MAYOR <br />TO ENTER INTO A DEVELOPMENT AGREEMENT <br />WITH EAST COMMONS LTD. <br />WHEREAS, the Village and East Commons Ltd:, ("East Commons"), desire to enter into an <br />agreement involving the improvements to certain vacant property; and <br />WHEREAS, East Commons proposes an office, laboratory, medical condominium <br />development on the East Commons Property hereinafter referred to as (the "Improvement"); <br />WHEREAS, the East Commons Property is zoned partly Office-Laboratory and partly Single <br />Family Residential; <br />WHEREAS, the East Commons Property is also subject to a certain Court Ordered <br />Settlement Agreement in Case No. 2005 ADV 0102032 consolidated with Case No. CV OS-566681 <br />which will hereinafter be referred to as (the "Settlement"); <br />WHEREAS, pursuant to "the Settlement, any development of the East Commons Property, <br />among other items must comply with the`following provisions: <br />a. PPN 831-OS-015 and 831-OS-007 shall comply with the then <br />current zoning; <br />b. Any structure(s) built on the East Commons Property must <br />have compatible architecture with the Governors Village <br />Development; <br />c. There shall be no access to SOM Center Rd. through or over <br />PPN 831-OS-007; and <br />d. PPN 831-OS-007 shall remain "green" undeveloped land. <br />WHEREAS, as a result of the Improvement annual income and real estate tax revenue to the <br />Village will increase by approximately Five Hundred Thousand Dollars ($500,000.00) over current <br />tax revenues being generated; and <br />WHEREAS, this Development Agreement is entered into by the parties to recognize and <br />ensure full compliance with the East Commons Property zoning, the parameters and provisions of <br />the Settlement and to fully memorialize the parties' respective rights, agreements and obligations <br />relating to the Improvement. <br />