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City of Pleasanton
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2010
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7/14/2010 4:10:28 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
7/20/2010
DESTRUCT DATE
15 Y
DOCUMENT NO
12
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commercial, office and residential uses of the Property in accordance with the Property Owner's <br /> own time schedule; provided, however, that development of the Project shall be subject to <br /> compliance with the Project Approvals, including conditions that require the timely completion <br /> of any act by a specified date. <br /> 2.4 Future Changes to Existing Standards. <br /> (a) Except as otherwise expressly provided in this Section 2.4, development <br /> of the Property shall be subject only to the Existing Standards. <br /> (b) Future changes to the Existing Standards, and any other future ordinances, <br /> laws, rules, regulations, plans or policies adopted by the City or adopted by voter initiative (all of <br /> the foregoing hereinafter referred to as "Future Change" or "Future Changes shall apply to the <br /> Property except to the extent they are in conflict with the terms and conditions of the Project <br /> Approvals or the Existing Standards. In the event of such a conflict, the terms of the Project <br /> Approvals and the Existing Standards shall prevail. Property Owner shall use reasonable efforts <br /> to notify City in writing of any Future Change that is in conflict with the terms and conditions of <br /> the Project Approvals or the Existing Standards, provided, however, Property Owner's failure to <br /> so notify City shall not be deemed to be a waiver by Property Owner. Property Owner may give <br /> City written notice of its election to have any Future Change applied to the Property, in which <br /> case such Future Change shall be deemed to be an Existing Standard. <br /> (c) Except as otherwise expressly authorized in this Agreement, Future <br /> Changes shall be deemed to be "in conflict" if they: <br /> (i) change or have the effect of changing the permitted uses, density, <br /> intensity or rate of development of the Property from that permitted under the Project Approvals <br /> and the Existing Standards; <br /> (ii) impose moratoria on building, sewer, water or other utility <br /> connections (including but not limited to gas, electricity, cable or telephone) or other required <br /> permits, or further limit the number of such permits to be issued from that permitted pursuant to <br /> the Project Approvals and the Existing Standards; <br /> (iii) impose new fees or increase existing fees except as expressly <br /> authorized under the Project Approvals; <br /> (iv) impose requirements for dedication or reservation of land for <br /> public use in excess of those established under the Project Approvals; <br /> (v) require infrastructure (e.g., streets, pipelines, utilities, or other <br /> similar public facilities) in addition to that identified under the Project Approvals. <br /> (vi) require public improvements (e.g., trails, paths, recreational <br /> facilities, parks or open space, police, fire or emergency service facilities, or other community, <br /> cultural or civic facilities) except as expressly required under the Project Approvals; <br /> 35690/849375v14 6 0825/00 <br />
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