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COATAL RIMS & GENEVA COMMONS 1
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COATAL RIMS & GENEVA COMMONS 1
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Entry Properties
Last modified
1/3/2012 3:10:31 PM
Creation date
5/31/2005 2:02:24 PM
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Contracts
Company Name
Coastal Rim Properties, inc. & Geneva Commons, LLC
Contract #
A-2005-108
Agency
Planning & Building
Council Approval Date
4/18/2005
Expiration Date
4/18/2010
Destruction Year
2015
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<br />5.1.2 Remaining Offsite Mitigation Measures. The additional offsite <br />mitigation measures, beyond those set forth in the agreement referenced in section 5.1.1 of this <br />Agreement, which must be constructed by Owner are as set forth in Exhibit E to this Agreement. <br />All funds or costs for offsite mitigation measures required pursuant to the approvals set forth in <br />section 2.4 of this Agreement shall be paid the earlier of (1) the time called for in the said <br />approvals, or (2) no later than recordation of the final subdivision map for the Project, whichever <br />comes first. <br /> <br />5.2 Exclusion from Existing Rules, Regulations and Policies. <br /> <br />Pursuant to Government Code Section 65866, and Pardee Construction Co. v. <br />City of Camarillo (1984) 37 Cal.3d 465,208 Cal.Rptr. 228, 690 P.2d 701, City retains the right <br />to enact police power regulations on matters not covered by section 5.1 of this Agreement, <br />including without limitation: <br /> <br />a. Regulation of the rate and amount of growth is not abrogated by the City, <br />in that the parties agree and acknowledge that the City hereby retains the police power to provide <br />for change in regulations, ordinances, policies, and plans relating to moratoria, building permit <br />allocations, timing, and sequencing of development and the financing and provision of adequate <br />public facilities at the time of development. <br /> <br />b. Municipal laws and regulations which do not interfere with Owner's vested <br />rights to develop and use the Property in accordance with section 5.1 of this Agreement Owner and <br />its successors and assigns and all persons and entities in occupation of any portion of the Property <br />shall comply with such non-conflicting laws and regulations as may from time to time be enacted or <br />amended hereafter. Specifically, but without limitation on the foregoing, such non-conflicting laws <br />and regulations include the following: <br /> <br />(1) Taxes, assessments, fees and charges, except as otherwise <br />specifically provided in this Development Agreement; <br /> <br />(2) Building, electrical, mechanical, fire and similar codes based upon <br />uniform codes incorporated by reference into the Santa Ana Municipal Code; <br /> <br />(3) Laws, including zoning code provisions, which regulate the manner <br />in which business activities may be conducted or which prohibit any particular type of <br />business activity on a city-wide basis; and <br /> <br />(4) Procedural rules of general City-wide application. <br /> <br />c. In recognition of the need for City services, including but not limited to <br />police, fire and park, to meet the demand generated by new, cwnulative residential development in <br />the City, District, Owner will not object to participation in a community facilities district, assessment <br />8 <br />
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