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FULL PACKET_2005-07-05
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FULL PACKET_2005-07-05
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<br />2.44 "Property" is legally described in Exhibit A. <br /> <br />2.45 "Public Art" is defined in Section 5.1. 7. <br /> <br />2.46 "Public Art Fee" is defined in Section 5.1.7. <br /> <br />2.4 7 "Public Art Plan" is set forth in Exhibit B attached hereto and incorporated <br />herein by reference. <br /> <br />2.48 "Public Improvements" are described III Exhibit D attached hereto and <br />incorporated herein by reference. <br /> <br />2.49 "Reserved Powers" means the rights and authority excepted from this <br />Agreement's restrictions on the City's police powers and which are instead reserved to the City. The <br />Reserved Powers include the power to enact and implement rules, regulations, ordinances and <br />policies after the Effective Date that are not in conflict with the Applicable Rules or that may be in <br />conflict with the Applicable Rules, but: (a) prevent or remedy conditions which the City has found <br />to be injurious or detrimental to the public health and/or safety; (b) are Uniform Codes; (c) are <br />required to comply with mandates under state and federal laws, rules and regulations (whether <br />enacted previous or subsequent to the Effective Date) or to comply with a court order or judgment of <br />a state or federal court; (d) relate to Applicable Processing Fees or Charges imposed and/or increased <br />after the Effective Date; (e) or relate to increases in Development Impact Fees occurring after the <br />Effective Date but only if and to the extent described in Section 2.l7( c), or (f) are consented to by <br />Owner. <br /> <br />2.50 "Residential Unit(s)" means each of the for-sale residential units within the <br /> <br />Project. <br /> <br />2.51 "Retail Project" is defined in Section 2.43. <br /> <br />2.52 "Restaurant Portion" is defined in Section 2.43. <br /> <br />2.53 "SAMC" means the Santa Ana Municipal Code. <br /> <br />2.54 "Signs" means the gateway entry signs described in Section 5.1.7. <br /> <br />2.55 "Subsequent Development Approvals" means those certain actions taken by <br />any City Agency after the Effective Date, in connection with the implementation of the Entitlements <br />or any approved modification of the Entitlements, or any requested minor modifications of the <br />Entitlements. <br /> <br />2.56 "Term" means the applicable period of time during which this Agreement <br />shall be in effect and shall bind the City and Owner, as described in Section 4.1. <br /> <br />2.57 "Uniform Codes" means those building, electrical, mechanical, fire and other <br />similar regulations of a City-wide scope which are based on recommendations of a multi-state <br />professional organization and become applicable throughout the City, such as, but not limited to, the <br />California Building Code, the California Electrical Code, the California Mechanical Code, or the <br />California Fire Code (including those amendments to the promulgated Uniform Codes which reflect <br /> <br />6 <br /> <br />DOCSOCIIII0339v11l24579-0001 <br /> <br />11 B-27 <br />
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