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ORD 1650
City of Pleasanton
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ORD 1650
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Last modified
2/18/2004 1:26:38 PM
Creation date
3/9/1999 7:12:06 PM
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CITY CLERK
CITY CLERK - TYPE
ORDINANCES
DOCUMENT NO
ORD 1650
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"B" , :'E" and "F" , or as in existence as of the effective date of this Agreement, shall apply to <br />the Project; provided, however, that nothing herein shall prevent or preclude the County or City <br />from adopting any amendments expressly permitted herein. <br /> <br /> Cedes, ordinances and regulations and the amount of fees (to the extent they are <br />not inconsistent with other provisions of this Agreement) relating to buildings and construction <br />standards or permits shall apply as in force and effect at the time of grant of each applicable <br />building or construction permit. <br /> <br /> This subsection 2.4 shall not preclude the application to development of the <br />Subject Property of changes in County or City ordinances, reguhtions, plans or policies, the <br />term of which are specifically mandated and required by changes in State, Federal or Regional <br />laws or regulations. In the event State, Federal or Regional laws or regulations enacted after <br />the effective date of the Agreement, or action by any Governmental jurisdiction other than the <br />County or City, prevent or preclude compliance with one or more pwvisions of PD 1837 and <br />PD 1949, as modified by Exhibits "B*, "E* and 'F' hereto, or this Agreement or require <br />changes in plans, maps or permits approved by the County or City, this Agreement shall be <br />modified, extended or suspended only to the extent and for the time necessary to comply with <br />such State, Federal or Regional laws or regulations or the regulation of such other governmental <br />jurisdiction; and the remaining provisions of this Agreement shall be in full force and effect. <br />Upon repeal or changes of such State, Federal or Regional law, regulation or other governmental <br />action or occurrence of other circumstances removing the effect thereof upon this Agreement, <br />the provisions hereof shall be restored to their full original effect. The County or City shall not <br />be in breach of this Agreement by reason of any subsequent changes of laws or regulations of <br />a State, Federal or Regional agency or of another local agency not created or controlled by the <br />County or City which prevents or precludes compliance by the County, City or Parmen with <br />this Agreement; provided, that the County and City hereby agree that the County and City shall <br />not initiate or pwmote any such change and shall only enforce such changes if required by law <br />todo so. <br /> <br /> 3. T~rm__. The term of this Agreement shall commence upon recordation of this <br />Agreement ("Effective Date") and shall extend for a period of fifteen (15) years thereafter unless <br />said term is terminated, modified or extended by circumstances set forth in this Agreement or <br />by mutual consent of the parties hereto, subject to the amendment provisions set forth in this <br />Agreement. <br /> <br /> If any litigation affecting the Subject Property is filed challenging the General Plan, PD <br />1837 and PD 1949, this Agreement (including but not limited to any environmental <br />determinations related to any of the foregoing), or any subsequent discretionary approval <br />concerning the Project, or otherwise raising issues of the validity of the General Plan, PD 1837 <br />and PD 1949 as modified by Exhibit "B" hereto, or subsequent discretionary 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 such litigation is pending, and upon the conclusion of such litigation by <br /> <br />3Xi!193: nibyhill,~ievetl~n_5.4'na <br /> 6 <br /> <br /> <br />
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