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RES 10340
City of Pleasanton
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RES 10340
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2/25/2010 12:29:33 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
2/16/2010
DESTRUCT DATE
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DOCUMENT NO
RES 10340
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Exhibit "D" <br />financing for design or construction of improvements for such portion. City <br />shall allocate shortfalls or cost overruns in the same manner as the special <br />taxes or assessments for construction of improvements (as opposed to <br />assessments for maintenance) aze allocated in the community facilities <br />district or other financing mechanism so that each lot and/or pazcel within <br />the benefited azea shall beaz its appropriate shaze of the burden thereof as <br />determined by City and construction or acquisition of needed improvements <br />shall not be prevented or delayed. Developer shall, prior to the sale of any <br />individual Assessed Property, pay off any then outstanding assessments <br />against that Property. <br />ARTICLE 6. STANDARDS, LAWS AND PROCEDURES GOVERNING THE <br />PROJECT <br />Section 6.01. Vested Right to Develop. Developer shall have a vested right to <br />develop the Project on the Project Site in accordance with the terms and <br />conditions of this Agreement. Nothing in this section shall be deemed to <br />eliminate or diminish the requirement of Developer to obtain any required <br />Subsequent Approvals. <br />Section 6.02. Permitted Uses Vested by This Agreement. The permitted uses of the <br />Project Site; the density and intensity of use of the Project Site; the maximum <br />height, bulk and size of proposed buildings; provisions for reservation or <br />dedication of land for public purposes and the location of public improvements; <br />the general location of public utilities; and other terms and conditions of <br />development applicable to the Project, shall be as set forth in the Project <br />Approvals and, as and when they aze issued (but not in limitation of any right to <br />develop as set forth in the Project Approvals), the Subsequent Approvals. <br />Permitted uses shall include, without limitation, all uses listed in <br />Section 18.32.030 of the Ordinance Code of the City of Pleasanton. <br />Section 6.03. Applicable Law. The rules, regulations, official policies, standards <br />and specifications applicable to the Project (the "Applicable Law") shall be those <br />set forth in this Agreement and the Project Approvals, and, with respect to <br />matters not addressed by this Agreement or the Project Approvals, those rules, <br />regulations, official policies, standazds and specifications (including City <br />ordinances and resolutions) governing permitted uses, building locations, timing <br />of construction, densities, design, heights, fees, exactions, and taxes in force and <br />effect on the Effective Date of this Agreement. <br />Section 6.04. Uniform Codes. City may apply to the Project Site, at any time during <br />the Term, then current Uniform Building Code and other uniform construction <br />codes, and City's then current design and construction standazds for road and <br />storm drain facilities, provided any such uniform code or standazd has been <br />adopted and uniformly applied by City on a citywide basis and provided that no <br />such code or standazd is adopted for the purpose of preventing or otherwise <br />limiting construction of all or any part of the Project. <br />54393~84008v3 <br />
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