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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 />the siting of the Project in the City, is a material consideration for City's agreement to <br />perform and abide by the long term covenants and obligations of City, as set forth <br />herein. <br />Section 4.02. Protection of Vested Rights. To the maximum extent permitted by <br />law, City shall take any and all actions as may be necessary or appropriate to <br />ensure that the vested rights provided by this Agreement can be enjoyed by <br />Developer and to prevent any City Law, as defined below, from invalidating or <br />prevailing over all or any part of this Agreement. City shall cooperate with <br />Developer and shall undertake such actions as may be necessary to ensure this <br />Agreement remains in full force and effect. Except as otherwise provided herein, <br />City shall not support, adopt, or enact any City Law, or take any other action <br />which would violate the express provisions or intent of the Project Approvals or <br />the Subsequent Approvals. <br />Section 4.03. Availability of Public Services. To the maximum extent permitted by <br />law and consistent with its authority, City shall assist Developer in reserving <br />such capacity for sewer and water services as may be necessary to serve the <br />Project. This capacity shall be assured for the Term at a cost to be applied <br />uniformly without discrimination as to user or use. <br />Section 4.04. Developer's Right to Rebuild. City agrees that Developer may <br />renovate or rebuild the Project within the Term of this Agreement should it <br />become necessary due to natural disaster, changes in seismic requirements, or <br />should the buildings located within the Project become functionally outdated, <br />within Developer's sole discretion, due to changes in technology. Any such <br />renovation or rebuilding shall be subject to the square footage and height <br />limitations vested by this Agreement, and shall comply with the Project <br />Approvals, the building codes existing at the time of such rebuilding or <br />reconstruction, and the requirements of CEQA. <br />Section 4.05. Issuance of Building Permits. City agrees that the number of building <br />permits available to be issued for the Project shall not be subject to the annual <br />limitations set forth in Chapter 17.36 of the City of Pleasanton Municipal Code, <br />but the Project shall be subject to the annual building permit limitations set forth <br />in the City's General Plan. <br />Section 4.06. City's Waiver of In Lieu Park Dedication Fees. City waives <br />Developer's in lieu park dedication fee obligations pursuant to Chapter 19.44 of <br />the City's Municipal Code in recognition of Developer's dedication of the Open <br />Space as permanent open space and dedication of an easement for a regional trail <br />along the eastern boundary of the Project Site. City acknowledges that such <br />dedications by Developer constitute full and complete mitigation of all park- <br />related impacts of the Project. <br />Section 4.07. Density Transfer. The Developer shall have the right to request from <br />City and be issued forty-seven (47) residential building permits for an offsite <br />54393~84008v3 <br />
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