ORD 1650 - Laserfiche WebLink

93 10-6!9 Except as provided in Section 4.1 of this Agreement, if there is a conflict between the City's conditions of approval (Exhibit "F") and the Development Agreement, the conditions of approval shall prevail. NOW, THEREFORE, pursuant to the authority contained in Sections 65864 et seq. of the California Government Code and Resolution No. R-86-953, adopted by the Board of Supervisors, and in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. IDco_rporation of ApprOvalS by Reference. PD 1837 and PD 1949, attached hereto as Exhibit "C" and "D" respeeti~&y and the Environmental Impact Report prepared for the Project and certified by Resolution No. R-91-267 of the Boaxd of Supervisors on June 6, 1991, axe hereby incorporated herein by this reference as though set forth herein in their entirety. In the event of any conflict between the provisions of the PD 1837, PD 1949, and the provisions of the Agreement, the provisions of PD 1837 and PD 1949 shall prevail. The Amended Pre- Annexation Agreement entered into between City and Parmen, attached hereto as Exhibit "B" is also incorporated herein by this reference as though set forth in its entirety. If there is a conflict between the Amended Pre-Annexation Agreement and the Development Agreement, the Pre-Annexation Agreement shall prevail. If there is a conflict between the City's conditions of approval (Exhibit "F") and the Development Agreement, the conditions of approval shall prevail. 2. D~lopment of the Subject Prope_rty. 2.1 permitted Uses and DeveloDment Rights. Subject to the terms and conditions of this Agreement, the Partners shall be vested with the right to develop the Subject Property in accordance with and subject to terms and conditions of PD 1837 and PD 1949 as modified by Exhibits "B", "E", and "F" hereto. Specifically, the permitted uses, density or intensity of use, height or size of buildings, provisions for reservation and dedication of land for public purposes an~:i other standards and conditions of development shall be as set forth in PD 1837 and PD 1949, as modified by Exhibits "B" , "E" , and "F" hereto, subject to the terms and conditions ~.' :1~is Agreement. 2.2 DeveloDment Timin2. This Agreement contains no rqu mcnt that m Partners must initiat~ or complete development of any phase of the Project or any portion thtnxff within any period of time set by the County or City. It is the intention of this provision that the Partners be able to develop the Subject Property in accordance with the Partners' own time schedule; provided however, that development of the Project shall be subject to compliance with PD 1837 and PD 1949, as modified by Exhibits "B", "E", and "F" hereto. Except as provided in Exhibits "B', "E" and "F", no future modification of County or City o_rdinances or regulations, by initiative or otherwise, which otherwise limits or regulates the rate of development over time (including, but not limited to, regulations imposing moratoria on building, sewer and utility connections, or other required permits, or limiting the number of such permits issued) shall be applicable. However, nothing herein shall be construed to relieve the 3\11/93: n~Yhiil-dtve4mLS.O 4