ORD 2010 - Laserfiche WebLink

(including any extensions) or the term otherwise applicable to such Project Approval or Subsequent Approval if this Agreement is no longer in effect. (b) Without limiting the generality of, and subject to, Section 6.06, the Term of this Agreement and any subdivision map or other Project Approval or Subsequent Approval shall not include any period of time during which a development moratorium imposed by an agency other than City (including, but not limited to, a water or sewer moratorium or water and sewer moratorium) or the actions of City or other public agencies that regulate land use, development or the provision of services to the land, prevents, prohibits or delays the construction of the Staples Ranch Project or a lawsuit involving any such development approvals or permits is pending. (c) Pursuant to California Government Code § 66454, SPA intends to file a vesting tentative subdivision map with City for the proposed subdivision of the Project Site. City and SPA agree that such tentative map is conditioned upon annexation to City of the portion of the Staples Ranch Project Site presently located in the unincorporated area of Alameda County within one year after the Effective Date. If annexation is not completed within one year after the Effective Date, then the approval of the tentative map by City shall be null and void unless SPA at its sole discretion agrees to an extension. Section 6.09. Tentative Subdivision Maps. Pursuant to the Development Agreement Statute, any tentative subdivision map prepared for the Project Site shall comply with the provisions of California Government Code § 66473.7 to the extent such provisions apply. . Section 6.10. State and Federal Law. As provided in Section 65869.5 of the Development Agreement Statute, this Agreement shall not preclude the application to the Staples Ranch Project of changes in laws, regulations, plans or policies, to the extent that such changes are specifically mandated and required by changes in state or federal laws or regulations ("Changes in the Law"). In the event Changes in the Law prevent or preclude compliance with one or more provisions of this Agreement, such provisions of the Agreement shall be modified or suspended, or performance thereof delayed, as may be necessary to comply with Changes in the Law, and City and SPA or each affected Developer shall take such action as may be required pursuant to this Agreement including, without limitation, Article 5 (Cooperation-Implementation) and Section 10.05 (Excusable Delays; Extension of Time of Performance). Not in limitation of the foregoing, nothing in this Agreement shall preclude City from imposing on any Developer any fee specifically mandated and required by state or federal laws and regulations. Section 6.11. Timing of Project Construction and Completion. (a) City and SPA agree that there is no requirement that SPA or a Developer initiate or complete development of the Staples Ranch Project or the Auto 18