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Tentative Tract Map No. 14408 April 19, 1993 Page 6 of 11 b) The developer of the Main Street Concourse Project shall have entered into an agreement with the Community Redevelopment Agency of the City of Santa Aha whereby the developer agrees to purchase the Polly's Pies site from the Redevelopment Agency if it is acquired by the Redevelopment Agency, and the Redevelopment Agency either shall have acquired title to the Polly's Pies site or shall have obtained a right of possession of that site pursuant to an action in eminent domain. 15. c) The developer of the Main Street Concourse Project shall have obtained approval by the city (subject to reasonable conditions) of (a) a tentative subdivision map which does not include the Polly;s Pies site, and (b) a development plan for the Main Street Concourse Project, in accordance with the zoning regulations applicable to the SD district, which assumes the non-acquisition of the Polly's Pies site by the developer. Obtain a National Pollutant Discharge Elimination System Stormwater Permit from the County of Orange. Prior to the issuance of a utility release for any Phase building and prior to the issuance of any non-residential building permit, comply with the following: Pay a cash deposit of $50,000.00 for neighborhood Traffic Mitigation per Section 10(d) of the Development Agreement. 2. Submit, have approved by the city and record CC&R's, including approved Transportation Demand Management Plan. do Prior to release of utilitiss (occupancy) of any Phase residential unit, complete the following: 1. Improve Main Street as follows if not completed earlier= a) Remove existing curb, gutter, sidewalk and pavement; and construct new curb and gutter per approved street Improvement Plans. b) c) Construct new pavement from street centerline to new edge of gutter. Construct full width sidewalk, 10 feet wide including the "Polly's Pies" street frontage per approved Improvement Plan and terms of the Development Agreement. d) Construct driveway with 25 foot curb radii per approved Improvement Plan. e) Install "No Stopping Anytime" zone. f) Install signage and street striping per approved channelization plan.