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NS-2741
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Last modified
1/3/2012 1:00:33 PM
Creation date
4/9/2007 4:51:11 PM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2741
Date
4/2/2007
Destruction Year
PERM
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<br />5.1.9 Irrevocable Offer to Dedicate Easements or Land To <br />Implement Pnblic Realm Improvement Plan. On the face of the final map for the Project, or <br />contemporaneous with offering the final map for filing with the County if it is not placed on the <br />tinal map, Owner shall execute an irrevocable offer to dedicate to the City such property interest <br />(easement for the breezeway/lane along the north side and fee title along the south side of the <br />Project) as is necessary to effectuate the Metro East Public Realm Improvement Plan adopted <br />contemporaneously with the Project. Owner shall not be required to dedicate additional land <br />pursuant to any amendments to said Plan which mayor may occur following its adoption. <br />Owner shall be entitled to an offset against its obligations under section 5.7 of this Agreement <br />tor such property. <br /> <br />5.2 Exclusion from Existing Rules, Regulations and Policies. <br /> <br />a. Pursuant to Government Code Section 65866, and Pardee Construction <br />Co. v. City of Camarillo (1984) 37 Cal.3d 465, 208 Cal.Rptr. 228, 690 P.2d 701, City retains the <br />right to enact police power regulations on matters not covered by section 5.1 of this Agreement, <br />including without limitation: <br /> <br />b. Municipal laws and regulations which do not interfere with Owner's <br />vested rights to develop and use the Property in accordance with section 5.1 of this Agreement <br />Owner and its successors and assigns and all persons and entities in occupation of any portion of <br />the Property shall comply with such non-conflicting laws and regulations as may from time to <br />time be enacted or amended hereafter. Specifically, but without limitation on the foregoing, such <br />non-conflicting laws and regulations include the following: <br /> <br />(I) 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 <br />manner 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 />5.3 Construction Standards and Specifications. The construction standards <br />(e.g., the Uniform Codes) and specifications for all Project construction shall be subject to <br />applicable construction standards and guidelines in effect at the time that any development <br />approval shall be sought for the Project or any unit or structure contained within the Project. <br /> <br />5.4 FAA Approval. Owner shall obtain and maintain, during the term of the <br />agreement, any and all necessary approvals from the FAA for the Project. Should such <br />approvals lapse, and not be reinstated or reapproved prior to the issuance of the first building <br />permit, the City shall have the right to terminate the agreement. <br /> <br />Ordinance No. NS-2741 <br />Page 13 of28 <br /> <br />- 9 - <br />
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