ORD 2010 - Laserfiche WebLink

Mall Site, the Continuing Care Site, or the Commercial Site within any particular period of time, and City shall not impose such a requirement on any Project Approval or Subsequent Approval. The parties acknowledge that the rate, timing and order in which the Staples Ranch Project, the Auto Mall Site, the Continuing Care Site, and the Commercial Site will be developed cannot be predicted at this time. Such decisions depend on numerous factors that neither SPA nor a Developer can control, such as market orientation and demand, interest rates, competition and other similar factors. (b) In light of Subsection (a), above, since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Ca1.3d 465 that the failure of the parties therein to consider and expressly provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the desire of City and SPA to avoid that result by acknowledging that SPA and each Developer shall have the right to develop the Staples Ranch Project, the Auto Mall Site, the Continuing Care Site, and the Commercial Site in such order and at such rate and at such times as each deems appropriate within the exercise of its subjective business judgment. (c) No requirement or condition of approval of a Project Approval or Subsequent Approval requiring SPA or a Developer to construct public or private improvements including but not limited to: (1) the storm water control basin on the Neighborhood Park Site; (2) as to the Continuing Care Site, the berm, the wall on top of the berm, the Central Plant, the Club House, the transfer of land to the Vermont Place property owners, the fencing and related grading and storm drainage improvements following the transfer of land to the Vermont Place property owners, and the wall between the Community Care Site and the Auto Mall Site; (3) as to the Auto Mall Site, the wall by the Neighborhood Park; and (4) as to SPA, off site improvements such as the Livermore Flood Control Improvements, landscaping throughout the Project Site and providing access prior to occupancy of, or prior to completion of a phase of development within, the Auto Mall Site, the Continuing Care Site, or the Commercial Site, shall constitute a development phasing requirement under Subsection (a) or (b) of this Section 6.11. (d) Nothing in this Agreement shall exempt SPA from completing work required by the Cost Sharing Agreement, a subdivision agreement, road improvement agreement or similar agreement in accordance with the terms thereof. Section 6.12. Exempting Fees Imposed by Outside Agencies. City agrees to exclude SPA and each Developer from any and all collection agreements regarding fees, including, but not limited to, development impact fees, which other public agencies request City to impose at City's discretion on the Staples Ranch Project 19