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Bernal Avenue Associates/City of Pleasanton..Agreement <br />October 14, 1986 <br />Page 5 <br /> <br />1. DEVELOPMENT OF THE PROPERTY. <br /> <br /> 1.1 PUD. City shall have the right to control <br /> <br />development of the Property and Developer shall have the right <br />to develop the Property in accordance with the provisions of <br />PUD-80-2-2M ("PUD") adopted as Ordinance No. 1257 on June 17, <br />1986. Notwithstanding anything herein to the contrary, City <br />shall not, without Developer's consent, require public <br />improvements other than as described in the PUD and this <br />Agreement, or as otherwise provided by California law. <br /> <br /> 1.2 Design Review. City and Developer agree that City <br />does not give up its right, by entering into this Agreement, to <br />subsequently exercise discretionary design review approval of <br />site plans as provided in the PUD, including the right to <br />require mitigations reasonably related to the particular site <br />approval. However, City shall not exercise such discretion in <br />a manner which will materially interfere with the development <br />of the Property for the uses and to the_density and intensity <br />set forth in the PUD or arbitrarily increase the cost of <br />development. <br /> <br />2. EFFECT OF AGREEMENT. <br /> <br /> 2.1 Local Rules. The Property shall be subject to all <br /> <br /> the rules, regulations, and official policies and fees (e.g., <br /> General Plan, zoning code, subdivision code, building code <br /> [collectively "Local Rules"]) of City governing uses, density, <br /> height, design, public improvements and construction standards <br /> <br /> <br />