Agmt99 Pacific Shores Center - Laserfiche WebLink

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P. City acknowledges that Pacific Shores has contracted to purchase an allocation of non-grant eligible sanitary sewage treatment capacity at the South Bayside System Authority ("SBSA") treatment plant from Rohm-Haas of 200,000 gallons per day, and City has approved the transfer of such allocation to Pacific Shores subject to annexation of the Property to City. Such allocation is anticipated to be sufficient to accommodate the ma�cimum development allowed by this Agreement, and no Wastewater Treatment Capacity Fee shall be due for connections for the Project Site to the extent of such allocation. Sufficiency of the allocation of sanitary sewage treatment capacity shall be deternuned for each building at the time of issuance of each building permit. AGREEMENT Now, THEREFORE, the parties hereto do hereby agree as follows: 1. Recitals. The Recitals set forth above are true and correct and are incorporated by reference into this Agreement. 2. Definitions. Each capitalized reference in the Recitals of this Agreement and in this Agreement to any of the following terms has the meaning set forth below for each such term. Accessory Building Parcels. The numbered lots 11-16 into which the Property may be subdivided as shown on Exhibit B-1 for purposes of sale, lease, financing or development of special purpose facilities. Approvals. All amendments to any Development Regulations, heretofore or hereafter enacted, necessary to confer the requisite lawful right on Pacific Shores to develop the Project on the Property, and any and all permits, approvals or other entitlements for use of any kind or character required under the Development Regulations in order to develop the Project on the Property, and all amendments, revisions, and modifications thereto. The Approvals include the Existing Approvals. Berm. That mound of earth to be erected along the west side of the Project Site located on those Common Parcels designated lots A and B as shown on Ezhibit B-1 intended to be a visual, sound and dust mitigation barrier between the Project Site and adjacent property. Building Parcels. The numbered lots 1-10 and the numbered and lettered lots 1P-6P and lOP into which the Property may be subdivided as shown on Ezhibit B-1 for purposes of sale, lease or financing and development, including parcels (labeled P) necessary to meet the Parking Requirement for other Building Parcels. "Building Parcels" does not include "Common Pazcels" or "Accessory Building Pazcels." Building Regulations. City's Building, Fire, Electrical, Plumbing, and Mechanical Codes and any other ordinances, resolutions, codes, rules, regulations and official policies that K:\DOC\OOOZ\0033\AGft\CITY.DA6 " 29-Dec-1998 AT 15:00