2006-04-21 TSeascape-development

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judgement could be entered against the property and it could be foreclosed as any other asset of the owner at the time. ALAMEDA:Commissioner Watanabe follow-up? I mean Commissioner Iwashita follow-up? IWASHITA:Yes I guess I would like something more specific along the lines of what the Director stated because you know if its just these words that were looking at then various legal arguments can be made about-, you know on behalf of the owner at the time to forestall a sale and those kind of things and you know basically efforts to buy time to put it off. But if theres a clear security interest in order to enforce this and clear language that foreclosure which is not a word used in any of this language is the remedy that the County can use to get a court order to sell the property to get the money, to build the project. And the other problems going to be at the time what is the amount youre going to foreclose on you know? Because thats a matterofestimateunlessthecosthasactuallybeenincurred.Andifthecosthasactuallybeen incurred that means that some probable public entity the County or the State would have actually had to spend the money to prove to the court that you know its a million dollars or twenty million dollars or whatever it is to have built this road and thats what we get to collect against this property. Other than that its speculative. So you know how do you-, its just the way its written now its you know (inaudible) legal arguments that can be, can take years and years and years to litigate and the road is not going to be built or if it is its going to be at government cost. YUEN:When we write a condition like this and put it in the ordinance theres going to be a follow-up legal document that will be prepared by or reviewed by Corporation Counsel to fulfill the intent of this and I wouldnt try to sit here in a Planning Commission meeting and work all that out. Thats something, theyll have to come up with this covenant as a condition and Corp Counsel will review it to make sure that it does what we need to do which is provide security against default on this road obligation. And its not something that we would try to put the text of in the rezoning ordinance. And I can cite you, there are many conditions if you look at any rezoning ordinance there are many conditions that are stated in a general way and will require some kind, theyll require, its very common, theyll require a follow-up document that is reviewed by Corporation Counsel. Its not practical to try to have to draft out the language of the covenant before hand or at Planning Commission meeting. ALAMEDA:Commissioner Watanabe? Floor? Now go ahead. WATANABE:My question would be for the Director. Id like to point out at the site map, looks like that parcel to the south, which we say is the State property. Thats a rather significant parcel yeah with no roadways coming from Queen K up to that parcel at the current time. Which would mean that access, you know if the State wanted to develop that property access to that property, the cheapest way to get to that property would be to have that additional 3 to 400 feet that were talking about right now completed. So I think to some degree that sort of insures that that portion of the road would be completed at some point if its going to connect to anything. Cause right now even if we completed it, it would connect to nothing. Isnt that the gist of what were talking about? EXHIBIT A 10