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NS-2893
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Last modified
2/23/2016 3:30:38 PM
Creation date
2/23/2016 10:03:33 AM
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Template:
City Clerk
Doc Type
Ordinance
Doc #
NS-2893
Date
2/16/2016
Destruction Year
P
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• 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 />the operations of the John Wayne Airport (SNA). The avigation easement <br />shall grant the right to enter or penetrate into or transmit through the <br />airspace above, on or in the vicinity of the Property for the unobstructed <br />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 <br />be alleged to be, incident to or resulting from the use of said airspace and <br />any and all related aircraft and airport operation. The City shall be the <br />benefited party in the avigation easement, but said easement shall be <br />assignable by the City to a third party, including but not limited to John <br />Wayne Airport (SNA), without consent of Owner. <br />ILA <br />
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