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75A - 301 EAST JEANETTE LANE
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75A - 301 EAST JEANETTE LANE
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Last modified
1/3/2012 4:23:09 PM
Creation date
2/24/2009 2:29:24 PM
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City Clerk
Doc Type
Agenda Packet
Item #
75A
Date
3/2/2009
Destruction Year
2014
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DRAFT <br />(2) The CC&R's shall provide notice to prospective owners of the <br />urban character of the City and this area, including but not limited to the <br />permitted uses of the property and buildings in the immediate area of the <br />development (e.g.., Main Place Regional Shopping Mall, and surrounding <br />property within SD-59 zoned and/or devoted to commercial use), and the <br />regional and local street grid adjacent to the Sky Lofts Project (e.g., SR- <br />22, I-5, SR-57, Main Street, Town & Country Drive), and shall provide a <br />release of all claims against the City which may arise from or relate to the <br />disclosed matters. <br />(3) The CC&R's shall reflect that balconies may not be used for <br />storage. <br />(4) Terms and Content: <br />CC&R's are to be in effect for at least 66 years. <br />ii. Any proposed modifications to the foregoing provisions of the <br />CC&R's will require approval by the Executive Director. <br />6. ANNUAL REVIEW. <br />6.1 City and Owner Responsibilities. The City shall, at least every twelve <br />(12) months during the term of this First Amendment, review the extent of good faith substantial <br />compliance by Owner with the terms of this First Amendment. Pursuant to Government Code <br />Section 65865.1, as amended, Owner shall have the duty to demonstrate by substantial evidence <br />its good faith compliance with the terms of the First Amendment at the periodic review. <br />6.2 Review Letter. If Owner is found to be in compliance with the First <br />Amendment after the annual review set forth in Section 6.1 above, the City shall, upon written <br />request by Owner, issue a Review Letter to Owner (the "Letter") stating that based upon <br />information known or made known to the City Council, the City Planning Commission and/or the <br />Executive Director, the First Amendment remains in effect and Owner is not in default. Owner <br />may record the Letter in the Official Records of the County of Orange. <br />6.3 Failure of Periodic Review. City's failure to review at least annually <br />Owner's compliance with the terms and conditions of this First Amendment shall not constitute or <br />be asserted by any party as a breach of the First Amendment by Owner or City. <br />io <br />75A-84 <br />
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