City Assurances Clause Samples
City Assurances. The Parties understand and agree that as of the Effective Date there are no City assessments applicable to the Property. City understands that long‑term assurances by City concerning Developer Fees, taxes, and assessments were a material consideration for Developer agreeing to develop the Project, enter into this Agreement, and provide the public benefits.
City Assurances. In consideration ofperformance ofTWC's obligations as stated in Section 3, and subject to the contingency in Section 8, the City represents the following:
2.1. The City Council's intent in making the post-referendum revisions to the provision ofthe Ordinance codified at South Lake Tahoe City Code section 6.55.840 is that for the three-year period in which TWC is authorized to temporarily expand its land use to include adult use, the portion ofTWC's cannabis business operating in an adult use capacity is subject to the Ordinance as opposed to the City's prior Medical Marijuana Dispensary Ordinance (Ordinance No. 1032).
2.2. Within the three-year period in which TWC is authorized to temporarily expand its land use to include adult use, TWC may submit an application to the City to expand its retail operation (currently 1,900 square feet), to include an expanded floor area that includes adult use retail, which would require review and approval by the Planning Commission under the provision ofthe Ordinance codified at South Lake Tahoe City Code section 6.55.800(B)(2), and subject to the provisions ofthe Ordinance codified at Section 6.55.760(A), except that TWC would be operating adult use retail under the temporary permission provided by Section 6.55.840(A) instead ofwith a Cannabis Use Permit. Prior to submittal ofthe application, TWC shall allow City building officials to perform a site visit to confirm the current floor area being used as medical marijuana retail, cultivation, distribution, and manufacturing, and to confirm compliance with the California Building Code. TWC may not expand the floor area DocuSign Envelope ID: E222D5C9-8469-48F9-BF9B-C5BF92632C87 being used as cultivation, distribution, and manufacturing unless and until the zoning on TWC's property is amended by the Tahoe Regional Planning Agency and City to allow for those uses. Provided, however, that TWC acknowledges and agrees that the application to expand the retail floor area is discretionary in nature, and City shall retain complete and unfettered discretion to approve or deny any application submitted by TWC pursuant to the provisions of the Ordinance codified at South Lake Tahoe City Code sections 6.55.800(8)(2) and 6.55.760(A).
2.3. The City will make a motion in the Comt ofAppeal for approval of this Agreement pursuant to California Government Code section I091(b)(15).
City Assurances