PC 2000-49 - Laserfiche WebLink

limited I~ measures that are feasible, as defined in the California Environmental Quality Act, CI~QA (Public Resources Code Section 21000 et seq.) or the State CEQA Guidelines (Title 14 Cal. Code Regs. Section 15000 et seq.), a~ll~at,~.~ifically tailored to and would avoid or substantially lessen a significant adverse environmental impact not previously identified in the FlaIR directly caused or contributed to by the subject of the Subsequent Approval ("New Signifie~t Impacts"). By constructing or funding the construction of those off-site traffic improvements set forth in the Initial Project Approvals, and paying existing development impact fees to the City as set forth in Section 2.4(f) and paying traffic fees as set forth in Section 3.8, Property Owner shall be deemed to fully satisfy its fair share of off-site traffic improvements. 2.9 schools.] School Impact Fees. [This Sectioa will state the parties' agreement regarding 2.10 No Action to Imt~de Project Am~rovals and Subseauent Avvroval~. City shall take no action nor impose any condition in coonection with implementation of the Initial Project Al~rovals, or approval or implementation of Subsequent Discretionary Approvals, which would conflict with the Project Approvals. For purposes of this Section 2,10, action taken or conditions imposed shall be deemed to be "in conflict" with the Project Approvals if such action or conditions result in one or more of the circumstances identified in subsection 2.4(c) (i) tkrough ( ) above. 2.11 Processing Durimt Third Party Litigation. The filing of any third party lawsuit(s) against City or Property Owner relating to this Agreement, the Project Approvals, any Subsequent Approvals or to other development issues affecting the Property shall not delay or stop the development, processing or construction of the Project, approval of any Subsequent Discretionary Approvals, or issuance of Subsequent Ministerial Approvals, unless the third party obtains a court order preventing the activity. Without Property Owner's prior written consent, City shall not stipulate to or cooperate in the issuance of any such order. 2.12 Qood Faith and Fair Dealing. The parties shall cooperate with each other and act in good faith in the implementation of the Project Approvals. ARTICLE 3. PROJECT IMPLEMENTATION 3.1 General Imniementation of the Project. The Parties agree to carry out the elements of the Project and obligations set forth in this Article 3 in the manner and within the time frames set forth in the Project Approvals. 3.2 Plea-nanton Acauisifion of Three (3) Acre Pan:el Adiacent to Library (Presently 0~, ned Iw San Francisco). [Still under discussion.] 3.3 Offer of Dedication for Public Use. Property Owner shall designate approximately three hundred thirty (330) acres of the Property, as more particularly described on Exhibit D, which is attached hereto and incorporated herein by reference (the "Public Parcel") and shall offer the Public Parcel for dedication to the City, subject to the following, terms and conditions: 35690/849375v5 - 10 -