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DRAFT
<br /> Article II Standards, Laws and Procedures Governing the Project.
<br /> Section 2.01.Vested Right To Develop. Developer shall have a vested right to develop the
<br /> Project Site in substantial conformance with the terms and conditions of the Project
<br /> Approvals, the Subsequent Approvals (defined below) (as and when issued), the
<br /> Applicable Law(defined below) and amendments as shall, from time to time, be approved
<br /> pursuant to this Agreement. Specifically, while Developer contemplates constructing the
<br /> Project Site in accordance with the Project Design Review,Developer shall have the vested
<br /> right to develop the Project Site with 305 apartment units, 7,520-square-feet of retail use,
<br /> office parking structure and surface parking, and related site improvements, in accordance
<br /> with the PUD Development Plan and Modification.
<br /> Section 2.02.Permitted Uses. The permitted uses and the density and intensity of use of the
<br /> Project Site; the maximum height, bulk and size of the proposed buildings; provisions for
<br /> reservation or dedication of land for public purposes and the location of public
<br /> improvements; the general location of public utilities; and other terms and conditions of
<br /> development applicable to the Project, shall be as set forth in the Project Approvals and, as
<br /> and when they are issued(but not in any limitation of any right to develop as set forth in the
<br /> Project Approvals), any Subsequent Approvals (defined below).
<br /> Section 2.03.Applicable Law. "Applicable Law" shall mean the existing rules,
<br /> regulations, official policies, standards and specifications governing permitted uses of
<br /> California Center and the Project Site, governing density, and governing the design,
<br /> improvements, the City's Residential Growth Management Program (as set forth in
<br /> Chapter 17.36 of the Pleasanton Municipal Code), the AHA and applicable City
<br /> regulations, and construction standards and specifications applicable to California Center
<br /> and the Project Site as set forth in this Agreement and the Project Approvals, and in force
<br /> and effect on the Effective Date. During the Term, to the extent there are any conflicts
<br /> between the Project Approvals(including but not limited to conditions to any of the Project
<br /> Approvals) and this Agreement, the terms and conditions of this Agreement shall govern.
<br /> Further,the parties further acknowledge that the GMA, once approved, is a'vested element
<br /> of this Agreement, notwithstanding subsequent RHNA cycles, or existing timing
<br /> provisions or subsequent changes to the City's Growth Management Ordinance (the
<br /> "GMO"). Further, during the Term,to the extent there are any conflicts between the GMA
<br /> and the GMO, the terms and conditions of the GMA shall govern.
<br /> Section 2.04.Moratorium, Initiatives and Conflicting Enactments. To the extent consistent
<br /> with state law(and excepting a declaration of a local emergency or state emergency as
<br /> defined in Government Code section 8558), if any ordinance, resolution or other measure
<br /> is enacted subsequent to the Effective Date, whether by action of City, by initiative,
<br /> referendum, or otherwise, that imposes a building moratorium, a limit on the rate of
<br /> development, or a voter-approval requirement which would otherwise affect the timely
<br /> development of the Project or Project Approvals on all or any part of the Project Site("City
<br /> Law"), City agrees that such ordinance, resolution or other measure shall not apply to the
<br /> Project Site, this Agreement, the Project Approvals, or the Subsequent Approvals, if any,
<br /> during the Term.
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