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Balser Street, Berkeley Street, Occidental Street and St. Andrew Place, to the extent they <br />are included on or about Additional Parcel No. 4, as shown in Exhibit S attached hereto <br />and incorporated herein by this reference. Such resolution shall not be adopted prior to <br />the Developer having acquired title to all the parcels that collectively comprise <br />Additional Parcel No. 4, and may include conditions which must be fulfilled prior to the <br />vacation becoming effective. <br />If said vacation resolution is approved, the Developer shall prepare plans for and <br />remove street improvements from said vacated streets, relocate utilities and construct <br />public drainage improvements in the area of any drainage easement granted to the City by <br />Developer pursuant to Section 7 of the Development Agreement, as amended by this <br />Second Amendment, in accordance with the following terms and conditions: <br />(1) 'd'hat the traffic access and circulation, utility service and drainage will be <br />continuously provided to the parcels within the block adjacent to <br />Additional Parcel 4, acceptable to the Public Works Agency. <br />(2) That said street removal, utility and drainage improvement work shall be <br />completed by the Developer prior to the date occurring two (2) years after <br />the date on which the City has adopted the resolution vacating the right of <br />way easements, <br />(3) The Developer shall be responsible for plan preparation, removal and/or <br />relocation of all public utilities located in the area of the streets that are to <br />be vacated pursuant to this section, without cost to the City. <br />If, at the design development stage, the City determines that street lights <br />are required as a result of the tei ination of Berkeley Street or Occidental <br />Street, the Developer shall design and install the street lights within the <br />context of standard spacing requirements utilized citywide. <br />(4) Once all required street vacations are completed, Additional Parcel No. 4 <br />shall be merged with the Original Parcel, as defined in the Development <br />Agreement, into a single new parcel by means of a lot consolidation <br />process. Developer shall file, process and record the lot consolidation. <br />The consolidation shall be completed prior to the issuance of a building <br />permit, The City shall retain existing utitity easements within the former <br />street rights -e£ way abandoned for the project, where necessary as <br />determined by the Public Works Agency. <br />(5) It is understood and agreed that the drainage improvements to be installed <br />by Developer in the drainage easement shall be storm drains and surface <br />drainage facilities as depicted in Exhibits 9 and 9A, attached hereto and <br />incorporated herein by this reference, or as approved by the Public Works <br />Agency. Developer may install an underground piped drainage system <br />within school property. Once constructed, Developer shall be responsible <br />75D -26 <br />