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WHEREAS, the purpose of the aforesaid commercial designation <br />is to provide a buffer zone between the residential areas of the <br />Specific Plan and the industrial type of usage associated with <br />wastewater treatment and disposal facilities located generally <br />easterly of the Lido area; <br /> <br /> WHERE3%S, Lots 4 and 5, aforesaid, comprise the land located <br />within the CG Zoning District Classification established by <br />Ordinance No. 1130-289; <br /> <br /> WHERE,, on May 2, 1995, a Vesting Tentative Map was <br />approved for the Property and a Final Map was subsequently <br />approved and recorded for the Property; <br /> <br /> WHEREAS, at the time of the approval of the Vesting <br />Tentative Map the Property was zoned CG and designated for <br />certain commercial uses in the Specific Plan; <br /> <br /> WHEREAS, on June 22, 1997, an A~chitectural Permit was <br />issued by the City for the development of a four-story 115,000 <br />square foot office building and related parking structure on the <br />Property (the ~Development"); <br /> <br /> WHEREAS, the City has scheduled for consideration at the <br />City Council meeting on December 18, 1997, an urgency moratorium <br />ordinance under Government Code Section 65858(a) to establish a <br />moratorium upon the Development in the form attached hereto as <br />Exhibit A for the reasons stated in Exhibit A (the ~Urgency <br />Moratorium Ordinance"); <br /> <br /> WHEREAS, the Owners of the Property have asserted that the <br />City has no legal right to pass the Urgency Moratorium Ordinance <br />or to change the CG zoning or Specific Plan designation for the <br />Property and have threatened legal action to confirm their right <br />to proceed with the Development (the "Claims"); <br /> <br /> WHERF3%~, the City and the Owners recognize the costs and <br /> uncertainties involved in litigation of this matter and desire to <br /> fully and forever resolve their dispute; <br /> <br /> NOW, THEREFORE, the City and the Owners agree as follows: <br /> <br /> 1. Owner's Agreement to Revise Development. The Owners <br /> agree to modify the Development to reduce it in size and density <br /> to two (2) two-story office/R & D ("Research and Development") <br /> buildings totaling no more than 89,000 gross buildable square <br /> feet with surface parking only (the "Revised Development"). <br /> Attached hereto as Exhibit B are site plans and elevations of the <br /> Revised Development. <br /> <br /> <br />