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NS-2895
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Last modified
5/18/2016 1:58:40 PM
Creation date
4/20/2016 10:17:09 AM
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Template:
City Clerk
Doc Type
Ordinance
Doc #
NS-2895
Date
4/5/2016
Destruction Year
P
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improvements in the area of any drainage easement granted to City by Developer pursuant to <br />Section 7 of this Second Amendraaent, in accordance with the following terms and conditions: <br />(1) The traffic access and circulation, utility service and drainage will <br />be continuously provided to the parcels within the block adjacent to Additional Parcel <br />No. 4, acceptable to the Public Works Agency. <br />(2) Said street removal, utility and drainage improvement work shall <br />be completed by Developer prior to the date occurring two (2) years after the date on <br />which City has adopted the resolution vacating the right of way easements. <br />(3) Developer shall be responsible for plan preparation, removal <br />and /or relocation of all public utilities located in the area of the streets that are to be <br />vacated pursuant to this section, without cost to City. If, at the design development stage, <br />City determines that street lights are required as a result of the termination of Berkeley <br />Street or Occidental Street, 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, the Additional <br />Parcels shall be merged with the Original Parcel into a single new parcel by means of a <br />lot consolidation process. Developer shall file, process and record the lot consolidation. <br />The consolidation shall be completed prior to the issuance of a building permit. <br />(5) City shall retain existing utility casements within the former street <br />rights -of -way abandoned for the Project, where necessary as determined by the Public <br />Works Agency. The Developer shall hold City harmless against damages and all other <br />claims resulting from the condition of City utilities. <br />(6) It is understood and agreed that the drainage improvements to be <br />installed by Developer in the drainage casement shall be storm drains and surface <br />drainage facilities as depicted in Exhibits 9 and 9A attached hereto and incorporated <br />herein by this reference, or as approved by the Public Works Agency. Developer may <br />install an underground piped drainage system within school property. Once constructed, <br />Developer shall be responsible for maintaining and cleaning the on -site drainage facilities <br />and shall keep the drainage facilities free and clear of all impediments to drainage. <br />(7) Developer shall relocate any utility poles and guy wires that <br />interfere with the Project located between Berkeley Street and Occidental Street as shown <br />on Exhibit 10 attached hereto and incorporated herein by this reference. <br />Off -site Parking Mitigation <br />(b) The parties hereto acknowledge and agree that the students attending the <br />school park their automobiles on the local streets in neighboring residential areas, The parties <br />have worked to jointly mitigate the student parking problem that would exist unless mitigated by <br />the prevision of additional off-street parking areas. Specifically, the parties have already <br />undertaken the off - street parking mitigation measures set forth in subsections (b) and (c) of this <br />Section 12. <br />-9- <br />
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