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FULL PACKET_2016-02-16
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FULL PACKET_2016-02-16
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2/11/2016 3:50:48 PM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Date
2/16/2016
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(i) Municipal laws and regulations which do not interfere with <br />Owner's vested rights to develop and use the Property in <br />accordance with Section 5.1 of this Development Agreement. <br />Owner and its successors and assigns and all persons and <br />entities in occupation of any portion of the Property shall <br />comply with such non - conflicting laws and regulations as may <br />from time to time be enacted or amended hereafter. <br />Specifically, but without limitation on the foregoing, such non - <br />conflicting laws and regulations include the following: <br />• Taxes, assessments, fees and charges, except as otherwise <br />specifically provided in this Development Agreement; <br />• Building, electrical, mechanical, fire and similar codes based <br />upon uniform codes incorporated by reference into the Santa <br />Ana Municipal Code; <br />• Laws, including zoning code provisions, which regulate the <br />manner in which business activities may be conducted or <br />which prohibit any particular type of business activity on a <br />city -wide basis; and <br />• Procedural rules of general City -wide application. <br />5.3 Construction Standards and Specifications. The construction <br />standards (e.g., the Uniform Codes) and specifications for all Project <br />construction shall be subject to applicable construction standards and <br />guidelines in effect at the time that any development approval shall be <br />sought for the Project or any unit or structure contained within the Project. <br />5.4 FAA and ALUC Approval. Owner shall obtain and maintain, during <br />the term of this Development Agreement, any and all necessary <br />approvals from the Federal Aviation Administration (FAA) and the <br />Airport Land Use Commission (ALUC) for the Project. <br />Should such approvals lapse and not be reinstated or reapproved prior <br />to the issuance of the first building permit, the City shall have the right <br />to terminate this Development 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 <br />approved by the City Attorney, which shall be recorded with the Orange <br />County Recorder's Office. The avigation easement shall prohibit any and <br />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 <br />Project, including but not limited to noise, sound, vibration, fumes, fuel <br />particles, dust, discomfort or other environmental effects incident to <br />aircraft operations as well as any inconvenience or annoyances caused by <br />11 A -31 <br />
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