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Developer contemplates developing the Project Site in accordance with the Project Design
<br /> Review, Developer shall have the vested right to develop the Project Site with 168 apartments,
<br /> one clubhouse building/leasing office, parking areas, and related on-site and off-site
<br /> improvements, in accordance with the PUD Development Plan.
<br /> Section 2.2 Permitted Uses
<br /> The permitted uses and the density and intensity of use of the Project Site; the
<br /> maximum height, bulk and size of the proposed buildings; provisions for reservation or
<br /> dedication of land for public purposes and the location of public improvements; the general
<br /> location of public utilities; and other terms and conditions of development applicable to the
<br /> Project, shall be as set forth in the Project Approvals and, as and when they are issued (but not in
<br /> any limitation of any right to develop as set forth in the Project Approvals), any Subsequent
<br /> Approvals (defined below).
<br /> Section 2.3 Applicable Law
<br /> "Applicable Law" shall mean, collectively, the Project Approvals and the other
<br /> existing (as of the Effective Date) rules, regulations, official policies, standards and
<br /> specifications governing permitted uses of the Project Site, governing density, and governing the
<br /> design, improvements, the City's Residential Growth Management Program (as set forth in
<br /> Chapter 17.36 of the Pleasanton Municipal Code), and applicable City regulations, and
<br /> construction standards and specifications applicable to the Project Site as set forth in this
<br /> Agreement and the Project Approvals, and in force and effect on the Effective Date. During the
<br /> Term, to the extent there are any conflicts between the Project Approvals (including but not
<br /> limited to conditions to any of the Project Approvals) and this Agreement, the terms and
<br /> conditions of this Agreement shall govern. Further, the parties further acknowledge that the
<br /> GMA, once approved, is a vested element of this Agreement, notwithstanding subsequent RHNA
<br /> cycles, or existing timing provisions or subsequent changes to the City's Growth Management
<br /> Ordinance (the "GMO"). Further, during the Term, to the extent there are any conflicts between
<br /> the GMA and the GMO, the terms and conditions of the GMA shall govern.
<br /> Section 2.4 Moratorium, Initiatives and Conflicting Enactments
<br /> To the extent consistent with State law (and excepting a declaration of a local
<br /> emergency or state emergency as defined in Government Code section 8558), if any ordinance,
<br /> resolution or other measure is enacted subsequent to the Effective Date, whether by action of
<br /> City, by initiative, referendum, or otherwise, that imposes a building moratorium, a limit on the
<br /> rate of development, or a voter-approval requirement which would otherwise affect the timely
<br /> development or implementation of the Project or Project Approvals or Subsequent Approvals on
<br /> or for all or any part of the Project Site ("City Law"), City agrees that such City Law shall not
<br /> apply to the Project, the Project Site, this Agreement, the Project Approvals, or the Subsequent
<br /> Approvals, if any, during the Term.
<br /> Section 2.5 Life of Project Approvals or Subsequent Approvals
<br /> The term of any Project Approval or Subsequent Approval shall automatically be
<br /> extended for the longer of the Term of this Agreement or the term otherwise applicable to such
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