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NS-1941
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Last modified
1/3/2012 1:03:34 PM
Creation date
6/26/2003 10:08:07 AM
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Template:
City Clerk
Doc Type
Ordinance
Doc #
NS-1941
Date
1/4/1988
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263 <br /> <br />For each remaining phase of the Development, seventy-five percent (75%) of all of <br />the applicable required off-site improvements for each phase shall be completed <br />prior to the issuance of any tenant occupancy permit with respect to the last <br />building to be constructed in such phase, and the remainder of all such off-site <br />improvements applicable to each phase shall be completed not later than one year <br />following the date of issuance of such tenant occupancy permit; provided, <br />however, that as a condition to such one-year delay in completion of such off-site <br />improvements, Developer shall deliver to the City sufficient security to ensure <br />completion of such off-site improvements within such one-year period; <br /> <br />(iii) <br /> <br />The determination of the percentage of completion of the applicable off-site <br />improvements shall be based upon a cost estimate prepared by a licensed civil <br />engineer reasonably satisfactory to the City. For purposes of this Agreement, <br />"sufficient security" shall mean a letter of credit issued by a national or state <br />bank, savings and loan association or other financial institution reasonably <br />satisfactory to City, a completio~ bond issued by a reasonably satisfactory surety, <br />or such other security as the City may hereafter accept in an amount equal to one <br />hundred ten percent {110%) of such engineer's estimate of the costs of the <br />uncompleted off-site improvements. <br /> <br />Further increases in the maximum building densities set forth in this Specific Development <br />may be approved subject to certification of subsequent or supplemental environmental impact <br />reports. <br /> <br />The EIR further identifies a Transportation Demand Management Program ("TDM") to be <br />implemented as one of the mitigation measures applicable to the MacArthur Place District <br />Center. In this regard, and as certified in the Findings of Fact and Statement of Overriding <br />Consideration applicable to the EIR, the implementation of the TDM program will not be <br />required, and compliance with the reduction measures projected by the implementation of <br />the TDM program shall not be tested prior to the commencement of the fifth (Sth) and <br />final phase of the development of the MacArthur Place District Center; provided, however, <br />prior to the approval of any building permits on the fifth (Sth) phase of development, a <br />report describing trip generation, level of service and travel impacts on the street system in <br />the vicinity of the project shall be submitted to the City Traffic Engineer. <br /> <br /> <br />
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