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07
City of Pleasanton
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
5/7/2013
DESTRUCT DATE
15Y
DOCUMENT NO
07
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Section 2.03.Applicable Law. "Applicable Law" shall mean the existing rules, regulations, <br /> official policies, standards and specifications governing permitted uses of California Center and <br /> the Project Site, governing density, and governing the design, improvements, the City's <br /> Residential Growth Management Program (as set forth in Chapter 17.36 of the Pleasanton <br /> Municipal Code), the AHA and applicable City regulations, and construction standards and <br /> specifications applicable to California Center and the Project Site as set forth in this Agreement <br /> and the Project Approvals, and in force and effect on the Effective Date. During the Term, to <br /> the extent there are any conflicts between the Project Approvals (including but not limited to <br /> conditions to any of the Project Approvals) and this Agreement, the terms and conditions of this <br /> Agreement shall govern. Further, the parties further acknowledge that the GMA, once <br /> approved, is a vested element of this Agreement, notwithstanding subsequent RHNA cycles, or <br /> existing timing provisions or subsequent changes to the City's Growth Management Ordinance <br /> (the "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 with <br /> state law (and excepting a declaration of a local emergency or state emergency as defined in <br /> Government Code section 8558), if any ordinance, resolution or other measure is enacted <br /> subsequent to the Effective Date, whether by action of City, by initiative, referendum, or <br /> otherwise, that imposes a building moratorium, a limit on the rate of development, or a voter- <br /> approval requirement which would otherwise affect the timely development of the Project or <br /> Project Approvals on all or any part of the Project Site ("City Law"), City agrees that such <br /> ordinance, resolution or other measure shall not apply to the Project Site, this Agreement, the <br /> Project Approvals, or the Subsequent Approvals, if any, during the Term. <br /> Section 2.05.Life of Project Approvals or Subsequent Approvals. The term of any Project <br /> Approval or Subsequent Approval shall automatically be extended for the longer of Term of this <br /> Agreement or the term otherwise applicable to such Project Approval or Subsequent Approval if <br /> this Agreement is no longer in effect. The Term of this Agreement, any other Project Approval <br /> or Subsequent Approval shall not include any period of time during which any applicable <br /> development or utility moratorium, lawsuit or the actions of other public agencies that regulate <br /> land use, delays construction of the Project. <br /> Section 2.06.Development Timing. Subject to Applicable Law, including the GMA, Developer <br /> shall have the right to develop the Project on the Project Site in such order and at such rate and <br /> at such times as Developer deems appropriate within the exercise of its subjective business <br /> judgment. <br /> Section 2.07.Compliance with State and Federal Law. This Agreement is subject to <br /> Developer's compliance with all applicable federal and state laws and regulations and <br /> compliance with the California Environmental Quality Act, Public Resources Code sections <br /> 21000 et seq. ("CEQA"). <br /> Article Ill Developer Obligations. <br /> Section 3.01.Obligations of Developer Generally. The parties acknowledge and agree that the <br /> City's agreement to perform and abide by the covenants and obligations of City set forth in this <br /> Agreement is a material consideration for Developer's agreement to perform and abide by its <br /> long term covenants and obligations, as set forth herein. The parties acknowledge that many of <br /> Developer's long term obligations set forth in this Agreement are in addition to Developer's <br /> 4 <br />
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