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(ii) The types, intensities, and amount of <br /> <br />different from that currently being planned by the City <br />and other local agencies; and <br /> <br /> (iii) Regional and Development.generated <br />either the short run or the long run the allocated <br /> <br /> After assessinq these and other potential <br />adverse environmental impacts associated with the <br />development of the Property, the City has imposed <br />mitigation measures through the EIR and the subdivision <br />review process, and this Development Agreement to the <br />fullest extent the City considers feasible and <br />necessary. The City has determined that phased <br />completion of the Development in the manner contemplated <br />will itself provide the mitigation measures needed to <br />contribute to alleviate short run and long run potential <br />adverse environmental impacts, and that the public <br />benefits of the Development override any potential <br />adverse environmental impa6ts which may arise during the <br />development period; therefore, the City agrees, <br />consistent with California Public Resources Code Section <br />21166, that no subsequent or supplemental environmental <br />impact report shall be required by the City for the <br />subsequent discretionary approvals except as set forth <br />in said section. <br /> <br /> 14. Right-of-Way Acquisitions. With respect to any <br />required public street widening, the installation of utilitles <br />and any other off-site facilities'to be performed by Developer in <br />fulfillment of any and all conditions imposed In connection with <br />the approval of the Map and/or as part of the required mitigation <br />measures set forth in the fIR, Developer shall make s good faith <br />effort to acquire the necessary land by private negotiations st <br />the fair market value of such land. If, despite such effort, <br />Developer is unable to acquire such land, and provides City with <br />funding for such acquisition, City shall offer to acquire the <br />land at fair market value and, if such offer is rejected, City <br />shall hold s hearing and exercise its discretion with respect to <br />acquiring required easements or rights-of-way in accordance with <br />the terms of California Code of Civil Procedure Section <br />1245.235. City further agrees that with respect to any <br />discretionary approvals applicable to any development projects <br />proposed by the owners of land located in the areas of such <br />proposed utilities and/or street widening, City will require <br />dedications by such landowners of the required easements and/or <br />rights-of-way for such proposed utilities and/or street widening <br />ss a condition to the granting of any such approvals, to the <br />extent authorized by law. <br /> <br /> 15. Enforcement. Unless amended or cancelled as <br />provided in Paragraph Il, this Development Agreement shall <br />continue to be enforceable by any party to it, notwithstandinq a <br />change in general or specific plans, zoning, subdivision, <br />building or other regulations adopted by City which alter or <br />sn~nd the rules, regulations or policies applicable to 'the <br />Development. <br /> <br /> 16. Municipal Financinq; Reimbursement Aqreement~. It <br />is hereby agreed and acknowledged that the cost of the public <br />Infrastructure improvements more particularly identified in <br />Exhiblt 'C~ attached hereto, and which are to be constructed in <br /> <br />-8- <br /> <br /> <br />