ORD 2010 - Laserfiche WebLink

ARTICLE 12. MISCELLANEOUS Section 12.01. Incorporation of Recitals and Introductory Paragraph. The Recitals contained in this Agreement, and the introductory paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. Section 12.02. Enforceability. City and SPA agree that unless this Agreement is amended or terminated pursuant to the provisions of this Agreement, this Agreement shall be enforceable by any party hereto notwithstanding any change hereafter enacted or adopted (whether by ordinance, resolution, initiative, or any other means) in any applicable general plan, specific plan, zoning ordinance, subdivision ordinance, or any other land use ordinance or building ordinance, resolution or other rule, regulation or policy adopted by City that changes, alters or amends the rules, regulations and policies applicable to the development of the Project Site at the time of the Effective Date as provided by Section 65866 of the Development Agreement Statute. Section 12.03. Findings. City hereby finds and determines that execution of this Agreement furthers public health, safety and general welfare and that the provisions of this Agreement are consistent with the General Plan and the Staples Ranch Specific Plan, as amended. Section 12.04. Acknowledgement of Pre-Development and Cooperation Agreement. SPA acknowledges that City has provided to SPA a copy, and SPA is aware of the existence, of that certain Pre-Development and Cooperation Agreement by and among the City of Livermore, the County of Alameda, SPA, the City of Pleasanton, and CalMat Co., d/b/a Vulcan Materials Company, Western Division ("Vulcan"), dated as of September 18, 2007 (the "Cooperation Agreement"), and further acknowledges that SPA has reviewed and understands the provisions of the Cooperation Agreement, including but not limited to the provisions thereof that prohibit the City's issuance of certain permits for SPA's project unless and until City complies with its obligations under the Cooperation Agreement, and allow Vulcan to join SPA as a real party in interest in any action to enforce City's obligations under the Cooperation Agreement. SPA consents to the recordation of the Memorandum of Agreement on title to SPA's property and shall execute and deliver to City all documents required to evidence the consent to recordation. As required by Section 10.2(b) of the Cooperation Agreement, SPA and each Developer shall provide each potential tenant or purchaser of any property in the Project Site from SPA or such Developer with the written disclosure statement attached hereto as Exhibit G-1. As required by Section 10.3(b) of the Cooperation Agreement, SPA and each Developer shall attach the rider attached hereto as Exhibit G-2 to each deed from SPA or such Developer for any property in the Project Site. Section 12.05. Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the 29