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BENTALL/WESTIMSTER 1-1989
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BENTALL/WESTIMSTER 1-1989
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Last modified
6/9/2014 11:31:08 AM
Creation date
3/7/2007 2:42:57 PM
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Contracts
Company Name
Bentall/Westimster Partners
Contract #
A-1989-086
Agency
Planning & Building
Council Approval Date
12/4/1989
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1 H � <br />0 <br />systems or expansion of existing infrastructure <br />systems may be delayed, modified or abandoned; <br />(ii) The types, intensities, and amount of <br />future regional development may exceed or otherwise <br />be different from that currently being planned by the <br />City and other local agencies; and <br />(iii) Regional and Development generated <br />demands on infrastructure and utility improvements to <br />be constructed as a part of the Development may <br />exceed in either the short run or the long run the <br />allocated capacities for such demands. <br />After assessing these and other potential <br />adverse environmental impacts associated with the <br />development of the Property, the City has imposed <br />mitigation measures through the EIR and the subdivision <br />review process, and this Development Agreement to the <br />fullest extent the City considers feasible and necessary. <br />The City has determined that phased completion of the <br />Development in the manner contemplated will itself provide <br />the mitigation measures needed to contribute to alleviate <br />short run and long run potential adverse environmental <br />impacts, and that the public benefits of the Development <br />override any potential adverse environmental impacts which <br />may arise during the development period; therefore, the <br />City agrees, consistent with California Public Resources <br />Code Section 21166, that no subsequent or supplemental <br />environmental impact report shall be required by the City <br />for the subsequent discretionary approvals except as set <br />forth in said section. <br />14. Enforcement. Unless amended or cancelled as <br />provided in Paragraph 11, this Development Agreement shall <br />continue to be enforceable by any party to it, <br />notwithstanding a change in general or specific plans, <br />zoning, subdivision, building or other regulations adopted by <br />the City which alter or amend the rules, regulations or <br />policies applicable to the Development. <br />15. Supersession of Agreement by Changes in State or <br />Federal Law. In the event that State or Federal laws or <br />regulations enacted after this Development Agreement have <br />been entered into or the action or inaction of any other <br />affected governmental jurisdiction prevents or precludes <br />compliance with one or more provision of this Development <br />Agreement that requires changes in plans, maps or permits <br />approved by the City, the parties shall: <br />(a) Provide the other party with written notice <br />of such State or Federal restriction, provide a copy of <br />OC22\1P50 \rtbVben agt 9 11/20/89 <br />
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