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NS-2149
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Last modified
1/3/2012 1:03:12 PM
Creation date
6/26/2003 10:08:08 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2149
Date
10/21/1991
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<br />100 <br /> <br />2. The City hereby recognizes that Xerox Centre Partners, a <br />California general partnership, has succeeded to all the rights and <br />obligations of Birtcher Xerox Partners, a California general <br />partnership, under the Agreement, and that any reference in the <br />Agreement to "Developer" shall mean and refer to Xerox Centre <br />Partners. <br /> <br />3. Recital B of the Agreement is amended by deleting the <br />parenthetical phrase" (hereinafter the "Tentative Map")" at the end <br />thereof. <br /> <br />4. The fourth sentence in section 1 (Property and Phasing) <br />of the Agreement is hereby deleted and the following sentence is <br />substituted in lieu thereof: <br /> <br />It is currently anticipated that the Property will be <br />developed in two (2) subsequent phases, sometimes <br />hereinafter referred to as "Phase II", as depicted on <br />Exhibit "B" as Parcel 2 and "Phase III", as depicted on <br />Exhibit "B" as Parcels 3 and 4. <br /> <br />5. section 5 of the Agreement is amended to read as follows: <br /> <br />5. Dedications of Land for Public Purposes. Developer <br />has dedicated to the city all land required from Developer for <br />right-of-way purposes for First street, Fourth street, and <br />Cabrillo Park Drive. Developer shall also grant easements <br />necessary for City maintenance of traffic signals and similar <br />public street appurtenances. It is understood and agreed that <br />no other reservations or dedications of real property by <br />Developer will be required by the City during the Term with <br />respect to the Project(s). <br /> <br />6. section 6 of the Agreement is amended to read as follows: <br /> <br />6. Subdivision. Prior to issuance of a building <br />permit for any development of the Property beyond the Phase I <br />development, Developer shall obtain City approval of a new <br />tentative map for a subdivision of the Property in accordance <br />with the phases described in Section 1 of this Agreement. <br />Prior to issuance of a certificate of occupancy for any such <br />new development, a parcel map consistent with such tentative <br />map shall be recorded with the county of Orange. No condi- <br />tions shall be imposed by the city on such new tentative map <br />which are inconsistent with this Agreement. Such tentative <br />map may, at Developer's option, be a vesting tentative map, <br />but the filing of a new vesting tentative map shall not affect <br />the time at which development rights acquired by Developer <br />pursuant to this Agreement became vested in Developer. <br /> <br />3 <br />
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