AgdaPkt 2011-02-07 - Laserfiche WebLink

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6.3B Page 11 Cordilleras Creek (as "top of bank" is defined by Section 2.101.5 of the City's Zoning Code), a private roadway designed to City standards with a single entrance onto Finger Avenue, and rear and side setbacks compliant with R -1 District standards where the Project parcels directly adjoin parcels in the existing neighborhood; and (iii) the no project alternative required under CEQA. The Parties agree that these alternatives constitute a reasonable range of alternatives to the Project pursuant to 14 Cal. Code Regs. § 15126.6. The City as lead agency retains its discretion to determine whether additional alternatives will be evaluated in the OIL c. Environmental Consultant. The Parties agree that the City shall retain its discretion to select the consultant who will prepare the EIR 3. Stipulated Judgment. Within five business days following execution of this Agreement, the Parties will enter into and file with the Superior Court a stipulated judgment ("Stipulated Judgment ") in the form attached as Exhibit A. 4. Payment of Attorneys Fees and Costs. The Parties acknowledge that Friends intend to seek payment of attorney's fees and costs based on the relevant criteria of Code of Civil Procedure Section 1021.5. 5. Cooperation. Each of the Parties hereto shall execute all the documents that may be necessary to carry out the terms, covenants, and conditions contained herein or to effectuate the purpose of this Agreement. 6. Construction of Agreement. This Agreement is the product of negotiation and preparation by and among the Parties and their respective attorneys. The Parties acknowledge and agree that this Agreement shall not be deemed to have been prepared or drafted by one party or another, and will be construed accordingly. The headings are for convenience only and shall not be used to interpret this Agreement. 7. Waiver and Modification of Terms. No provision of this Agreement may be waived unless in writing signed by all Parties. Waiver of any one provision shall not be deemed to be a waiver of any other provision. This Agreement may be modified or amended only by written agreement executed by all of the Parties to this Agreement, or their authorized representatives, or by order of the court as allowed herein by, law. 3