EIR Mitigation Measures Clause Samples

EIR Mitigation Measures. Notwithstanding any other provision in this Agreement to the contrary, as and when Developer elects to develop the Property, Developer shall be bound by, and shall be responsible to perform or provide evidence of performance (such as performance by the Development Group) of, all mitigation measures contained in the Plan EIR and adopted by County the MMRP.
EIR Mitigation Measures. The Final Environmental Impact Report for the Sierra Point Biotech Project (the “Final EIR”), comprised of the Public Review Draft of the Sierra Point Biotech Project Environmental Impact Report, dated November 2006 (the “Draft EIR”), as amended and supplemented by the Sierra Point Biotech Project Environmental Impact Report Response to Comments Document, dated April 2006 (the “EIR Response”), sets forth a number of mitigation measures that the Developer must implement. The timing and manner of implementation for such mitigation measures are addressed in the Conditions of Approval for the Project. In addition, for the specific mitigation measures identified below, the parties further agree as follows: A. TRANS-1 and TRANS-4 (Improvements at Sierra Point Parkway and US 101: Mitigation measures TRANS-1 and TRANS-4 require the installation of a signal at the intersection of Sierra Point Parkway and US 101 northbound ramp and restriping of the turn lanes at the northbound approach of the Sierra Point Parkway and US 101 northbound offramp to convert the existing through/left lane to a shared left/through/right. This installation shall be completed before the issuance of a Certificate of Occupancy for the third office/R&D building in the Project (each office/R&D building in the Project a “Building”). B. TRANS-2 and TRANS-5 (Improvements at Sierra Point Parkway and Lagoon Way) Mitigation measures TRANS-2 and TRANS-5 require modification of the intersection of Sierra Point Parkway and Lagoon Way so that the intersection is signalized and a second northbound through lane is added. The City acknowledges that the construction of such improvements at Sierra Point Parkway and Lagoon Way are the responsibility of SPLLC under the SPLLC Second Amendment, and that mitigation measures TRANS-2 and TRANS-5 will be satisfied by SPLLC’s completion of its obligations under the SPLLC Second Amendment. Within 60 days of issuance of a Certificate of Occupancy for the first Building, Developer shall complete a traffic count per the requirements of City’s Public Works Department and submit the results of this count to the City Engineer. Traffic counts shall be taken annually, until such time as the trip thresholds specified in the SPLLC Second Amendment triggering the mitigation improvements is reached, or one year after issuance of the Certificate of Occupancy for the final Building, whichever occurs first. C. TRANS-3 and TRANS-6 (Improvements at Sierra Point Parkway and Shoreline C...