ORD 2134 - Laserfiche WebLink

other action which would violate the express provisions or intent of the Project Approvals or the Subsequent Approvals (defined below). Section 4.2 Availability of Public Services. To the maximum extent permitted by law and consistent with its authority, City shall assist Developer in reserving and securing capacity for sewer, water and any other utilities or services as may be necessary or appropriate to serve the Project. Section 4.3 Developer's Right to Rebuild. City agrees that Developer may renovate or rebuild the Project Site within the Term of this Agreement should it become necessary due to natural disaster, changes in seismic requirements, or should the buildings located within the Project Site become functionally outdated,within Developer's sole discretion, due to changes in technology. Any such renovation or rebuilding shall be subject to the square footage and height limitations vested by this Agreement,and shall comply with the Project Approvals, any Subsequent Approvals,the building codes existing at the time of such rebuilding or reconstruction, and the applicable requirements of CEQA. Section 4.4 Processing Subsequent Approvals. "Subsequent Approvals" shall mean those certain other land use approvals, entitlements,and permits other than the Project Approvals which are necessary or desirable forihe development of the Project on the Project Site The Subsequent Approvals may include, without limitation, the following: amendments of the Project Approvals,vesting tentative map,lot line adjustments and/or parcel maps or subdivision maps, improvement agreements,grading permits, building permits, sewer and water connection permits,and certificates of occupancy. The Subsequent Approvals shall be deemed tools to implement those final policy decisions reflected by the Project Approvals and shall be issued by City so long as they comply with this Agreement and Applicable Law and are not inconsistent with the Project Approvals. Without limiting the preceding provisions of this Section 4.4 or Sections 2.1 2.2 or 2.8,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 4.5 Regulation by Other Public Agencies. Other public agencies not within the control of City may possess authority to regulate aspects of the development of the Project Site separately from or jointly with City, and this Agreement does not limit the authority of such other public agencies. In the event any state or federal resources agency(e.g., California Department of Fish and Wildlife, U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers, Regional Water Quality Control Board/State Water Resources Control Board, Bay Area Air Quality Management District), in connection with its final issuance of a permit or certification for all or a portion of the Project, imposes requirements that require modifications to the Project, then the Parties will use their best efforts to incorporate such changes into the Project; provided, however,that if Developer appeals or challenges any such permit requirements, then the Parties may defer such changes until the completion of such appeal or challenge. Section 4.6 Other Government Permits. At Developer's sole discretion and in accordance with Developer's construction schedule, Developer shall apply for such other permits 8