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05
City of Pleasanton
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CITY CLERK
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2013
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091713
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9/25/2013 12:21:25 PM
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9/12/2013 3:34:39 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/17/2013
DESTRUCT DATE
15Y
DOCUMENT NO
05
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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 <br />rebuild the Project Site within the Term of this Agreement should it become necessary due to <br />natural disaster, changes in seismic requirements, or should the buildings located within the <br />Project Site become functionally outdated, within Developer's sole discretion, due to changes in 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 Processing 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, 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. Without <br />limiting the preceding provisions of this Section 4.04 or Sections 2.01 -2.02, City shall not (a) <br />impose any conditions of approval or other requirements upon any Subsequent Approvals that <br />conflict with any Project Approvals or that could prevent or materially increase the cost of <br />development of the Project pursuant to the Project Approvals; or (b) require any further <br />legislative level entitlements to enable Developer to build out the Project on the Project Site. <br />Article V Miscellaneous. <br />Section 5.01 Amendment to Project Approvals. <br />(a) Administrative Project Amendments. Upon the written request of Developer for <br />an amendment or modification to a Project Approval or Subsequent Approval, the <br />Director of Community Development or his/her designee shall determine (i) <br />whether the requested amendment or modification is minor when considered in <br />light of the Project as a whole; and (ii) whether the requested amendment or <br />-8- <br />
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