PC 2000-49 - Laserfiche WebLink

not pur~ue flint ~tiun on the annexation by the Alameda County Local Agency Formation Commission ("LAFCO") until ail of the Annexation Conditions have been met, unless such conditions have b~a;-~n waived by Property ~. (a) Fin~itv of Initial Proiect Aup. royals. Pmpei-ty Owner has ob~led Final Iuitiai Project Approvals. For purposes of this subsection, Initiai Project Approvals shall include ally el~meat thereof. For purposes of this Agreement, the Initial Project Approvals shall be deemed "Final" when the following have occurred: 0) Time periods for challenge to the Initiai Pwject Appwvais by referendum have passed without a petition for referendum having been submitt&l to the City; (ii) if a petition for referendum has been submitted to the City, the City has submitted the Initiai Project Approvals to the voters, and the voters vote in favor of the Initiai Project Approvais; as to ail aspects of the referendum process, the applicable statute of limitations has expired with respect to commencing legai proceedings; and (iii) if lagai proceedings have been initiated, a finai non-appeaiable judgment(s) by a court of competent jurisdiction has been entered in such proceedings, invaiidating the petition for referendum (if applicable) or overturning the decision of the voters not to vote in favor of the Initial Project Approvais referendum. (ii) Time periods for challenge to the Initiai Project Approvais by ail locai admmislrative appeai periods, if any, have expired without an appeal having been filed with respect to the Initiai Project Approvais; if an appeai has been filed, the applicable statute of limitations has expired with respect to the commencement of legai proceedings to challenge the Initiai Project Approvais; and if any such legal proceedings have been initiated, a final non- appeaiable judgment by a court of competent jurisdiction has been entered in such proceedings upholding the Initial Project Approvais. (b) Sewer Reservation. City approvai of a guarantee and reservation of sewer treatment and disposal capacity sufficient to serve the Project, after reasonably demonstrating to the satisfaction of Property Owner that the City has the capability of performing this obligation consistent with the growth management ailocations and timing of said allocations as provided in the Growth Management Agreement, and consistent with the scope of development and uses contemplated under the Project Approvais, and that the cost of the service will not exceed that charged to other properties. Notwithstanding the foregoing, however, if and at such time as all Annexation Conditions except the Annexation Condition set forth in this Section 4.1(b) have been d~emed satisfied or waived, the Annexation Deadline as defined in Section 4.4 of this Agreement shall be accelerated to the date which is ten (10) days following satisfaction or waiver of ali other Annexation Conditions. In such event, Property Owner shail notify the City in writing, prior to such accelerated Annexation Deadline, that it deems the Annexation Condition set forth in this Section 4.1(b) satisfied or that it waives such condition. In the absence of such notification, at the expiration of the ten (10) day notification period, this Agreement shall terminate in accordance with the provisions of Section 4.4.. (c) Master Vesting Tentative Man. Appwvai by City of the Master Map shall be in accordance with the pwvisions of this Agreement.