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PC 2000-49
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PC 2000-49
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Last modified
3/15/2006 9:32:49 AM
Creation date
8/22/2001 4:53:17 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
8/9/2000
DOCUMENT NO
PC 2000-49
DOCUMENT NAME
GHC Bernal Investors
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Plan as it relat~ to the Property, the Initial Project Approvals or Subsequent Approvals, or the <br />validity and binding nature of this Agreement, the term of this Agreement shall be extended for <br />the period of time that such litigation has the effect of delaying the ability of Property Owner to <br />implement the Project, or any portion thereof, in a manner and within the time frame <br />contemplated under the Project Appwvals. <br /> <br />ARTICLE 2. <br /> <br />DEVELOPMENT OFTHEPROPERTY <br /> <br /> 2.1 In Ge?m-al. City shall have the right to con~'ol development of the Property and <br />Property Owner shall have the right to develop the Property in accordance with the provisions of <br />the Project Approvals. <br /> <br />2.2 Permitted Uses and Develounaent Right,: P. xi~irm Standard~ <br /> <br /> (a) The Property Owner shall be vested with the right to develop the Property <br />in accordance with and subject to the t~,ms and conditions of the Project Approvals. <br />Specifically, without limiting the generality of Section 2.1 above, the permitted uses, density and <br />intensity of use, height and size of buildings, provisions for reservation and dedication of land <br />for public purposes and other standards and conditions of development shall be as set forth in the <br />Existing Standards (as defined below) and the Project Approvals, including any exceptions to the <br />Existing Standards, as described in Section 2.2(b) below. <br /> <br /> (b) The City (including individual departments thereof) has in effect at the <br />I~te of Execution certain ordinances, laws, rules, regulations, development standards and <br />policies applying to development of property within the City (the "Existing Standards"). In <br />connection with the Initial Project Approvals, City has approved certain development plan <br />element~ or features that will apply to all phases of development of the Property, some of which <br />have been authorized as exceptions to the City's Existing Standards. Such exceptions are <br />specifically allowed to be granted pursuant to the City's planned development zoning regulations. <br />Property Owner shall be vested with the right to develop the Property in accordance with the <br />Project Approvals, and to the extent there is a conflict between the Project Approvals and the <br />Existing Standards, the t¢~'l~xs and conditions of the Project Approvals shall control. <br />Notwithstanding the foregoing, nothing in this Agreement shall preclude City from applying <br />changes occurring from time to time in the "Uniform Codes," e.g., the Uniform Building Code, <br />Uniform Electrical Code, Uniform Fire Code, Uniform Mechanical Code, or Uniform Plumbing <br />Code, provided that such changes (i) are found by City to be necessary to the health or safety of <br />the citizens of City, and (ii) are generally applicable to all similar types of property in City. <br /> <br /> 2.3 [~I~TJI~. Except as otherwise expressly provided in the Project <br />Approvals, Property Owner shall not be required to follow any phasing plan or schedule in <br />developing the Propen'y. The City may control the timing of construction of the residential uses <br />within the Project through limitations on issuance of building permits for such uses, consistent <br />with the Growth Management Agreement. Other than as provided in the Growth Management <br />Agreement or the Project Approvals, Property Owner shall be able to initiate development of the <br />commercial anti.residential uses of the Property in accordance with the Property Owner's own <br /> <br /> <br />
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