ORD 2101 - Laserfiche WebLink

with the Project Approvals. Without limiting the preceding provisions of this Section 5.04, City shall not (a) impose any conditions of approval or other requirements upon any Subsequent Approvals that conflict with any Project Approvals or that could prevent or materially increase the cost of development of the Project pursuant to the Project Approvals: or (b) require any further legislative level entitlements to enable Developer to build out the Project on the Project Site. Section 6.04 Acquisition of Development Rights on Adjacent Property. The City and Developer acknowledge that Developer contemplates constructing portions of the Project on adjacent property not owned by Developer and the City makes no representation or warranties as to whether Developer can acquire ownership, a leasehold interest, or other rights sufficient to allow it to develop such portions of the Project. Developer expressly acknowledges that Condition of Approval # 8 states "Prior to issuance of a building permit. a lot line adjustment shall he approved by the City of Pleasanton and recorded by the applicant which adjusts the property litres so that the new office building and southern parking garage do not cross a property line." Section 6.05 Amendment of Agreement. This Agreement may be amended from time to time, in whole or in part, by mutual written consent of the parties hereto or their successors in interest, as follows: (a) Administrative Agreement Amendments. Any amendment to this Agreement which does not substantially affect (i) the Term of this Agreement, (ii) permitted uses of the Project Site. (iii) provisions for the reservation or dedication of land. (iv) conditions, terms, restrictions or requirements for subsequent discretionary actions. (v) the density or intensity of use of the Project Site or the maximum height or size of proposed buildings, or (vi) monetary contributions by Developer, shall not, except to the extent otherwise required by law. require notice or public hearing before the parties may execute an amendment hereto. Such amendment may be approved by the Community Development Director who shall make the determination in the context of the overall Project. (b) Amendment Exemptions. No amendment of a Project Approval or Subsequent Approval shall require an amendment to this Agreement. Instead, any such amendment automatically shall be deemed to be incorporated into the Project and vested under this Agreement. (c) Scope of Amendment. An amendment to this Agreement may properly address new impacts. if any. resulting from the proposed amendment and shall not serve as an opportunity for City to revisit vested rights unrelated to such amendment. Section 6.06 Cooperation in Event of Legal Challenge. In the event of an administrative, legal or equitable action or other proceeding instituted by any person not a party to this Agreement -11-