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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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2/25/2010 12:28:47 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
2/16/2010
DESTRUCT DATE
PERMANENT
DOCUMENT NO
RES 10340
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Exhibit "D" <br />development moratorium (including, but not limited to, a water or sewer <br />moratorium or water and sewer moratorium) or the actions of other public <br />agencies that regulate land use, development or the provision of services to the <br />land, prevents, prohibits or delays the construction of the Project or a lawsuit <br />involving any such development approvals or permits is pending. <br />Section 6.09. State and Federal Law. As provided in California Government Code <br />§ 65869.5, this Agreement shall not preclude the application to the Project of <br />changes in laws, regulations, plans or policies, to the extent that such changes are <br />specifically mandated and required by changes in state or federal laws or <br />regulations ("Changes in the Law"). In the event Changes in the Law prevent or <br />preclude compliance with one or more provisions of this Agreement, such <br />provisions of the Agreement shall be modified or suspended, or performance <br />thereof delayed, as may be necessary to comply with Changes in the Law, and <br />City and Developer shall take such action as may be required pursuant to this <br />Agreement including, without limitation, Article 5 (Cooperation- <br />Implementation) and Section 10.05 (Excusable Delays; Extension of Time of <br />Performance). Not in limitation of the foregoing, nothing in this Agreement shall <br />preclude City from imposing on Developer any fee specifically mandated and <br />required by state or federal laws and regulations. <br />Section 6.10. Timing of Project Construction and Completion. <br />(a) City and Developer expressly agree that there is no requirement that <br />Developer initiate or complete development of the Project or any particular <br />phase of the Project within any particular period of time, and City shall not <br />impose such a requirement on any Project Approval. The parties <br />acknowledge that Developer cannot at this time predict when or the rate at <br />which or the order in which phases will be developed. Such decisions <br />depend upon numerous factors which are not within the control of <br />Developer, such as market orientation and demand, interest rates, <br />competition and other similar factors. <br />(b) In light of the foregoing and except as set forth in subsection (c) below, the <br />parties agree that Developer shall be able to develop in accordance with <br />Developer's own time schedule as such schedule may exist from time to <br />time, and Developer shall determine which part of the Project Site to <br />develop first, and at Developer's chosen schedule. In particular, and not in <br />limitation of any of the foregoing, since the California Supreme Court held <br />in Pardee Construction Co. v. Ciry of Camarillo, 37 Ca1.3d 465 (1984), that <br />the failure of the parties therein to consider and expressly provide for the <br />timing of development resulted in alater-adopted initiative restricting the <br />timing of development to prevail over such parties' agreement, it is the <br />parties' desire to avoid that result by acknowledging that Developer shall <br />have the right to develop the Project in such order and at such rate and at <br />such times as Developer deems appropriate within the exercise of its <br />subjective business judgment. <br />54393~84008v3 <br />
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