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296 <br /> <br /> (d) Subllouent "Slow/No Growth# Keaaurea. <br />Consistent with (a) and (b), above, the City and Developer <br />specifically agree that any subsequently enacted initiatives, <br />referendums, or amendments to the City's Oenerai Plan lad/or <br />Zoning Code which contain "slow/no-growth" measures or which <br />by their terms are intended to, or by operation have such <br />effect, shall have no application to the Development. <br />Notwithstanding any such measures, the mitigation measures <br />required for the Development are limited to those established <br />by this Agreement. <br /> <br />13. Environmental Compliance. <br /> <br /> (a) EIR Processing Completed. The EIR for the <br />Development is incoporated herein by reference as though <br />fully set forth at length. Developer hereby acknowledges <br />that the Development shall be subject to the mitigation <br />measures set forth in the EIN. To the extent that Developer <br />develops the Development, Developer hereby agrees to <br />implement the various mitiqation measures required to be <br />implemented by Developer pursuant to the terms of the EIR, or <br />any and all such substitute mitigation measures as are <br />identified in the EIR or in any subsequent or supplemental <br />environmental impact report prepared and certified with <br />respect to or pertaining to the Development. Particular <br />reference is hereby made to the phases of the Development as <br />set forth in Section 2.4 of the EIR and to the off-site <br />improvements set forth in Table I of the EIR and more fully <br />described in Appendix F of the EIR. It is the intent of the <br />parties hereto that the off-site improvements corresponding <br />to the applicable phases of the Development shall be <br />substantially'completed as follows: <br /> <br /> (ii With respect to the first phase of the <br />Development, fifty percent (50%) of all applicable first <br />phase off-site improvements set forth in Section 2.4 and <br />Table I of the EIR shall be completed prior to the <br />issuance of any tenancy occupancy permits with respect <br />to the last building to b~ constructed in such phase, <br />and the remainder of all such first phase off-site <br />improvements shall be completed not later than one year <br />following the date of the issuance of such tenant <br />occupancy permit. Notwithstandinq the foregoing, as a <br />condition to such one-year extension of the obligation <br />to complete such first phase off-site improvements, <br />Developer shall deliver to City sufficient security to <br />ensure the completion, of the remaining first phase <br />off-site improvements within such one-year period; <br /> <br /> (ii) For each remaining phase of the <br />Development, seventy-five percent (75%) of all of the <br />applicable required off-site improvements for each phase <br />shall be completed prior to the issuance of any tenant <br />occupancy permit with respect to the last building to be <br />constructed in such phase, and the remainder of all such <br />off-site improvements applicable to etch phase shall be <br />completed not later than one year following the date.of <br />the issuance of such tenant occupancy permit; provided, <br />however, that as a condition to such one-year delay in <br />~he completion of such off-site improvements, Developer <br />shall deliver to the City sufficient security to ensure <br />completion of such off-site improvements within such one <br />year period; <br /> <br /> (iii) The determination of the percentage of <br />completed or uncompleted off-site improvements shall be <br /> <br />-6- <br /> <br /> <br />