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location of public improvements; the general location of public utilities; and <br /> other terms and conditions of development applicable to the Staples Ranch <br /> Project shall be vested as they are set forth in the Project Approvals and, as and <br /> when they are issued (but not in limitation of any right to develop as set forth in <br /> the Project Approvals), the Subsequent Approvals, if any. <br /> Section 6.03. Applicable Law. <br /> (a) The rules, regulations, official policies, standards and specifications <br /> applicable to the Staples Ranch Project (the "Applicable Law") are those set <br /> forth in this Agreement, the Project Approvals and, with respect to matters <br /> not specifically addressed by this Agreement or the Project Approvals, only: <br /> (i) Those rules, regulations, official policies, standards and specifications <br /> (including City ordinances and resolutions) governing permitted uses, <br /> building locations, timing of construction, densities, design heights and <br /> other terms and conditions of development which are in effect on a <br /> City-wide basis on the Effective Date of this Agreement; and <br /> (ii) Those fees and exactions, including, without limitation, dedications and <br /> any other fee or tax (including excise, construction or any other tax) <br /> reasonably relating to development or the privilege of developing, <br /> which: <br /> a. With regard to all of the Staples Ranch Project other than <br /> development of the Commercial Site and the Continuing Care Site <br /> , are in effect on a City-wide basis on the Effective Date of this <br /> Agreement; and <br /> b. With regard to development of the Commercial Site, are in effect <br /> on a City-wide basis on the date an application for a PUD <br /> development plan for the Commercial Site is deemed complete by <br /> City. <br /> c. With regard to the development of the Continuing Care Site, are <br /> in effect on a City Wide basis on the date(s) that any building <br /> permit is issued but only as to those City development impact fees <br /> and exactions that are in effect on a City Wide basis on the <br /> Effective Date of this Agreement. <br /> (b) Applicable Law does not include fees that City collects on behalf of entities <br /> not controlled by City, and does not include normal and customary fees <br /> charged by City to reimburse City's cost of processing and permitting <br /> grading and building permits, land use approvals (except for development <br /> impact fees or other monetary exactions), and other similar permits, <br /> provided such fees are in force and effect on a City-wide basis at such time <br /> as City grants said approvals and permits. <br /> 15 <br />