ORD 2010 - Laserfiche WebLink

Section 4.03. Protection of Vested Rights. City shall take any and all actions as may be necessary or appropriate to ensure that the vested rights provided by this Agreement can be enjoyed by SPA and the Developers and to prevent any City Law, as defined below, from invalidating or prevailing over all or any part of this Agreement. City shall cooperate with SPA and the Developers and shall undertake such actions as may be necessary to ensure this Agreement remains in full force and effect. Section 4.04. Availability of Water Services. The parties recognize that the City receives the majority of its potable water supply from the Alameda County Flood Control and Water Conservation District, Zone 7 ("Zone 7") and that Zone 7 receives the majority of its water supply from the State Water Project; in the last few years, for a variety of reasons, the amount of water that Zone 7 has received from the State Water Project has been reduced. Should that trend continue, it is possible, but unlikely given the very small amount of water (350 AFA)that the Staples Ranch Project needs, that due to water being unavailable from Zone 7, City would be unable to issue building permits anywhere in the City until water whether from Zone 7 or otherwise became available to the City. Nevertheless, to the maximum extent permitted by law and consistent with its authority, City shall reserve such capacity for water service as may be necessary to serve the Staples Ranch Project. To the extent this capacity is available, this capacity shall be assured for the Term of this Agreement at a cost to be applied uniformly without discrimination as to user or use. Section 4.05. Developers' Right to Rebuild. Developers may renovate or rebuild a portion or all of the Staples Ranch Project within the Term of this Agreement if necessary due to natural disaster or changes in seismic requirements, or if a Developer determines in its sole discretion that a building or buildings located within the Staples Ranch Project have become functionally outdated due to changes in technology. Any such renovation or rebuilding shall be governed by the rights vested by this Agreement, and shall comply with the Project Approvals and any Subsequent Approvals, as well as with the building codes existing at the time of such rebuilding or reconstruction, and with the requirements of CEQA. Section 4.06. Issuance of Residential Building Permits. The number of residential building permits available to be issued for the Continuing Care Site shall be as set forth in the Growth Management Agreement between City and Continuing Life Communities Pleasanton LLC, dated , 2010 (the "Growth Management Agreement"), incorporated herein by this reference. Section 4.07. City's Waiver of In Lieu Park Dedication Fees. City waives the in lieu park dedication fee obligations of SPA and the Developers pursuant to Chapter 19.44 of City's Municipal Code in recognition of SPA's dedication of the Community Park Site, which constitutes full and complete satisfaction of all in lieu park dedication fees that would otherwise apply. II