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"Existing Development Regulations") shall govern during the Term. City shall not, in <br />subsequent actions applicable to the Property or the Development, apply general plan provisions, <br />ordinances, rules, regulations and policies which conflict with the Existing Development <br />Regulations, except with the mutual consent in writing of City's Planning Manager and <br />Developer. Except as otherwise provided in this Second Amendment, no amendment to or <br />revision of, or addition to any of the Existing Development Regulations without the mutual <br />consent in writing of City's Planning Manager and Developer, whether adopted or approved by <br />the City Council or any office, board, commission or other agency of City, or by the people of <br />City through charter amendment, referendum or initiative measure or other vote, shall be <br />effective or enforceable by City with respect to the Development, its design, grading, <br />construction, remodeling, use or occupancy, schedule or development. <br />10. Environmental Compliance. <br />The Environmental Impact Report for the Development is incorporated herein by <br />reference as though fully set forth at length. City and Developer acknowledge that to the extent <br />that said document identifies certain mitigation measures applicable to the Development, <br />Developer agrees to implement the various mitigation measures recommended to be <br />implemented by Developer pursuant to said document, provided that Developer proceeds with <br />the Development and commences construction. City agrees to implement the various mitigation <br />measures recommended to be implemented by City pursuant to said document, provided that <br />Developer proceeds with the Development and commences construction. <br />11. Street Vacations. <br />Developer previously submitted an application and City has held a public hearing and <br />adopted a resolution vacating City's right of way easements over Baker Street, Berkeley Street, <br />Occidental Street and St. Andrew Place, to the extent they are included on or about Additional <br />Parcel No. 4, as shown in Exhibit 8 attached hereto and incorporated herein by this reference. <br />Such resolution was adopted after Developer acquired title to all the parcels that collectively <br />comprise Additional Parcel No. 4. <br />Developer shall prepare plans for and remove street improvements from the vacated <br />streets, relocate utilities and construct public drainage improvements in the area of any drainage <br />easement granted to City by Developer pursuant to subsection 7(a) of this Second Amendment, <br />in accordance with the following terms and conditions: <br />(1) The traffic access and circulation, utility service and drainage will <br />be continuously provided to the parcels within the block adjacent to Additional Parcel <br />No. 4, acceptable to the Public Works Agency. <br />(2) Said street removal, utility and drainage improvement work shall <br />be completed by Developer prior to the date occurring two (2) years after the June 15, <br />2018 date on which City adopted the resolution vacating the right of way easements. <br />(3) Developer shall be responsible for plan preparation, removal <br />and/or relocation of all public utilities located in the area of the streets that are to be <br />vacated pursuant to this section, without cost to City. If City determines that street lights <br />SMRH:4830-4678-6704.6 -9- <br />