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NS-2831
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Last modified
7/18/2016 2:54:04 PM
Creation date
6/7/2012 5:26:18 PM
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Template:
City Clerk
Doc Type
Ordinance
Doc #
NS-2831
Date
4/16/2012
Destruction Year
P
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(1) Taxes, assessments, fees and charges, except as otherwise <br />specifically provided in this Development Agreement; <br />(2) Building, electrical, mechanical, fire an(( similar codes based upon <br />uniform codes incorporated by reference into the Santa Ana Municipal Code; <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 />(4) Procedural rules of general City-wide application. <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, cumulative residential development in <br />the City, District, Owner wilt not object to participation in a community facilities district, <br />assessment district, or other similar fUnding mechanism, to provide fiuids for such services, should <br />any such a mechanism be established. <br />d. No vested rights as to any requirements in this section either as to existing <br />or fiiture regulations, ordinances, policies, and plans are hereby conferred. <br />5.3 Design and Construction Standards and Specifications. The design <br />and construction standards and specifications for all Project construction, including without <br />limitation the facilities set forth in the Public Art Plan, shall be subject to applicable design <br />standards and guidelines in effect at the time that any development approval shall be sought for <br />the Project or any unit or structure contained within the Project, <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 approvals <br />lapse, and not be reinstated or reapproved prior to the issuance of the first building permit, the <br />City shall have the right to terminate the agreement. <br />5.4.1. Avigation Easement, The Owner shall, prior to issuance of the first <br />building permit for the Project, execute an avigation easement in a form approved by the City <br />Attorney, which shall be recorded with the Recorder of the County of Orange, The avigation <br />easement shall prohibit any and all claims, actions or lawsuits of any kind or type for nuisance or <br />interference with use and enjoyment of the underlying Property or the Project including but not <br />limited to noise, sound, vibration, fumes, fuel particles, dust, discomfort or other environmental <br />effects incident to aircraft operations as well as any inconvenience or annoyances caused by the <br />operations of the John Wayne Airport (SNA). The avigation easement shall grant the right to <br />enter or penetrate into or transmit through the airspace above, on or in the vicinity of the Property <br />for the unobstructed use, passage or operation of all types of aircraft and the right to create or <br />generate all things and consequences to the Property that may be, or may be alleged to be, <br />incident to or resulting from the use of said Airspace and any and all related aircraft and airport <br />operation. The City shall be the benefited party in the avigation easement, but said easement <br />Z <br />
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