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Last modified
1/3/2012 1:03:27 PM
Creation date
6/26/2003 10:08:08 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2031
Date
11/6/1989
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250.& <br /> <br /> 3. Use of the Property. Developer agrees that the <br />permitted and conditional uses of the Property shall be as <br />specified in the SD. City agrees to allow such uses on the <br />Property, subject to the right of the City to take appropriate <br />action to abate any public nuisance and to enforce all laws <br />designed for the protection of the public health and safety. <br /> <br /> 4. Development Standards. City agrees to allow <br />development of the site in accordance with the development <br />standards set forth in the SD including, without limitation, the <br />provisions relating to the density and intensity of use and the <br />maximum height andsize of proposed buildings. ~. <br /> <br /> 5. Dedications of Land for Public Purposes. Developer has <br />dedicated to the City certain real property owned by Developer in <br />connection with the development of Phase I. Developer will also <br />be dedicating an easement for street purposes over a portion of <br />real property owned by Developer adjacent to Fourth Street as set <br />forth in the Tentative Map. It is understood and agreed that no <br />other reservations or dedications of real property will be <br />required by the City during the Term with respect to the <br />Project(s) except for easements necessary for City maintenance of <br />traffic signals and similar public street appurtenances. <br /> <br /> 6. Subdivision. The term of the Tentative Map or any <br />resubdivision or amendment of the Tentative Map, including any <br />lot line adjustment or merger of lots within the Tentative Map <br />(or any other tentative map filed subsequent to the Effective <br />Date of this Agreement as defined hereinbelow relating to the <br />Project[s]) shall automatically be extended for the Term of this <br />Agreement as permitted by Government Code Section 66452.6(a). <br />The City agrees, upon application by Developer, to allow for the <br />modification of the boundary lines between Phase I and Phase II, <br />Phase II and Phase III, Phase III and Phase IV, or between any <br />Phase and Parcel 5 depicted on Exhibit "B". The City agrees not <br />to impose any new or additional requirement or condition upon any <br />such subdivision or lot line adjustment other than those imposed <br />upon the Tentative Map. <br /> <br /> 7. Coordination with Caltrans. The City and Developer <br />each agree to use their best efforts to coordinate with Caltrans <br />to facilitate the planned widening of the Interstate 5 Freeway. <br />Developer agrees not to develop the portion of the Property <br />designated as Parcel 5 on Exhibit "B" ("Offramp Site") so as to <br />leave such real property available for condemnation by <br />Caltrans. Caltrans' current plans provide for the widening of <br />First Street at the Santa Aha Freeway. Upon completion of such <br />work by Caltrans, the City agrees to permit Developer to <br />construct a right turn only vehicular ingress and egress lane <br />from the parking structure constructed on Phase I onto First <br />Street. Developer agrees to install such lane at its sole cost <br />and expense in accordance with City standards including, without <br />limitation, providing a diversion restricting left turns from <br /> <br /> <br />
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