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7. The project shall adhere to all recommendations of the <br /> Geotechnic Report (Purcell, Rhoades & Associates, 1989) <br /> including the recommendations of the City's reviewing <br /> geologist. <br /> 8. The applicant shall dedicate to the City for street right- <br /> of-way purposes across the full frontage of the site <br /> sufficient area to accommodate a 4 lane Foothill Road with <br /> median island as described in the General Plan. This right- <br /> of-way shall be based on the 1972 Foothill Road Precise <br /> Alignment, or a more recently adopted alignment, and shall <br /> include all necessary easements for slope banks. This <br /> dedication shall take the form of an "Open Offer of <br /> Dedication" on the final map, unless otherwise required by <br /> the City Engineer. <br /> 9. The applicant shall construct interim street improvements on <br /> Foothill Road to the satisfaction of the City Engineer to <br /> effect safe ingress and egress for the development. These <br /> improvements shall include left turn and deceleration lanes <br /> at Muirwood Drive North. The project street shall be <br /> designed to meet Foothill Road at its ultimate alignment and <br /> grade. The applicant shall also construct signal <br /> modifications for the fourth leg of the signalized <br /> intersection as necessary, or, if the road precedes the <br /> signal installation, the applicant shall pay to the City the <br /> estimated cost of such modifications. <br /> 10. The applicant shall enter into a deferred improvement <br /> agreement with the City for the construction of the frontage <br /> improvements to Foothill Road across the full frontage of <br /> the site; frontage improvements shall include all <br /> improvements necessary for curb/gutter, bike lane, and one <br /> through lane of said street. This agreement shall be <br /> executed by all parties prior to filing a final parcel map. <br /> 11. The applicant shall negotiate in good faith with the <br /> adjacent property owner to the north (Moller) to acquire <br /> sufficient land to construct the access road from the <br /> project site to Foothill Road at Muirwood Drive North, as <br /> shown on the development plan. Should the developer be <br /> unable to acquire said land, the City may use its power of <br /> eminent domain. The applicant shall reimburse the City for <br /> any cost incurred in the land acquisition. No new building <br /> permits will be issued for this development until such time <br /> as the roadway improvements are constructed. <br /> 12. The applicant may enter into a reimbursement agreement with <br /> the City to recover the costs of the access road, <br /> improvements, and right-of-way costs across the adjacent <br /> property to the north. <br /> 13. The present driveway to Foothill Road on the project site <br /> shall be demolished after the new access road is completed. <br /> -4- <br />