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07
City of Pleasanton
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5/1/2013 4:42:53 PM
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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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Tassajara Creek Trail, the nearby Creekside Park, or to the development of the Bernal <br /> Community Park, or a combination thereof. <br /> Article IV City Obligations. <br /> Section 4.01.Protection of Vested Rights. To the maximum extent permitted by law, City shall <br /> take any and all actions as may be necessary or appropriate to ensure that the vested rights <br /> provided by this Agreement can be enjoyed by Developer and to prevent any City Law from <br /> invalidating or prevailing over all or any part of this Agreement. City shall cooperate with <br /> Developer and shall undertake such actions as may be necessary to ensure this Agreement <br /> remains in full force and effect. City shall not support, adopt, or enact any City Law, or take any <br /> other action which would violate the express provisions or intent of the Project Approvals or the <br /> Subsequent Approvals (defined below). <br /> Section 4.02.Availability of Public Services. To the maximum extent permitted by law and <br /> consistent with its authority, City shall assist Developer in reserving capacity for sewer, water <br /> and any other services as may be necessary to serve the Project. <br /> Section 4.03.Developer's Right to Rebuild. City agrees that Developer may renovate or rebuild <br /> the Project Site within the Term of this Agreement should it become necessary due to natural <br /> disaster, changes in seismic requirements, or should the buildings located within the Project <br /> Site become functionally outdated, within Developer's sole discretion, due to changes in <br /> technology. Any such renovation or rebuilding shall be subject to the square footage and height <br /> limitations vested by this Agreement, and shall comply with the Project Approvals, the building <br /> codes existing at the time of such rebuilding or reconstruction, and the requirements of CEQA. <br /> Section 4.04.Processinq Subsequent Approvals. "Subsequent Approvals" shall mean those <br /> certain other land use approvals, entitlements, and permits other than the Project Approvals <br /> which are necessary or desirable for the development of the Project on the Project Site. The <br /> Subsequent Approvals may include, without limitation, the following: amendments of the Project <br /> Approvals, lot line adjustments and/or subdivision maps (to create a separate parcel for the <br /> residential portion of the Project on the 8.4-acre site), improvement agreements, grading <br /> permits, building permits, sewer and water connection permits, and certificates of occupancy. <br /> The Subsequent Approvals shall be deemed tools to implement those final policy decisions <br /> reflected by the Project Approvals and shall be issued by City so long as they comply with this <br /> Agreement and Applicable Law and are not inconsistent with the Project Approvals. City shall <br /> not require any further legislative level entitlements to enable Developer to bLild out the Project <br /> on the Project Site. <br /> Article V Miscellaneous. <br /> Section 5.01.Amendment to Project Approvals. <br /> (a) Administrative Proiect Amendments. Upon the written request of <br /> Developer for an amendment or modification to a Project Approval or Subsequent <br /> Approval, the Director of Community Development or his/her designee shall determine <br /> (i) whether the requested amendment or modification is minor when considered in light <br /> of the Project as a whole; and (ii) whether the requested amendment or modification is <br /> substantially consistent with this Agreement and Applicable Law. If the Director of <br /> 7 <br />
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