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CORRESPONDENCE - 75D
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CORRESPONDENCE - 75D
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3/21/2016 11:50:50 AM
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City Clerk
Item #
75D
Date
3/15/2016
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No other dedications of land will be required by City in connection with the Development <br />during the Tenn. However, nothing herein shall be construed to limit City's ability to acquire <br />any portion of the Property, or rights therein, through the exercise of its power of eminent <br />domain. <br />(b) The parking structure, the new Performing Arts Center and other on -site <br />building improvements are to be completed by Developer at Developer's sole cost and expense <br />as generally described in the Site and Development Plan. Those off -site improvements described <br />in subsections 7(b)(i) and (iv) below shall also be completed by Developer at its sole cost and <br />expense. Those off -site improvements described in subsections 7(b)(ii), (iii) and (v) below shall <br />be completed by City at City's sole cost and expense: <br />(i) Installation of a traffic signal and crosswalk at Bristol Street and <br />St. Andrew Place, plus a dedicated right -turn lane along westbound <br />St. Andrew Place at Bristol Street; <br />(ii) Completion of abandonment and associated utility relocations for <br />Balser Street, Berkeley Street and Occidental Street, keeping an <br />opening between Berkeley Street and Occidental Street as a public <br />alley; <br />(iii) Completion of drainage improvements and storm drains; <br />(iv) Modification of a four -way stop at the intersection of St. Andrew <br />Place and Baker Street; and <br />(v) Updated left -turn signal timing at the Edinger Avenue and <br />Monarch Way intersection for entry into the Mater Dei campus. <br />11. Street Vacations, Utility Relocations and Related Improvement Work. <br />City shall, at its sole cost and expense, vacate and abandon City's right of way easements <br />over Baker Street, Berkeley Street, Occidental Street and St. Andrew Place, to the extent they are <br />included on or about Additional Parcel No. 4, as shown in Exhibit 8 attached hereto and <br />incorporated herein by this reference. City shall, at its sole cost and expense, remove street <br />improvements from all vacated streets and construct public drainage improvements in the area of <br />the drainage easement granted to City by Developer pursuant to Section 7 hereof, in accordance <br />with the following terns and conditions: <br />(a) The street removal and drainage improvement work described above shall <br />all be completed by City prior to the last of the following dates: <br />(i) The date occurring one (1) year after the date on which City <br />receives written notice from Developer that Developer has <br />acquired title to all the Additional Parcels (provided Developer has <br />in fact acquired such title); <br />SMRH:475724784.2 -2- <br />
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