ORD 2134 - Laserfiche WebLink

Section 2.1 Vested Right To Develop. Developer shall have a vested right to develop the Project at the Project Site in substantial conformance with the terms and conditions of the Project Approvals,the Subsequent Approvals (defined in Section 4.4 below) (as and when issued), the Applicable Law(defined below) and any amendments to the Subsequent Approvals or this Agreement as shall, from time to time,be approved pursuant to this Agreement. Notwithstanding anything to the contrary in this Section 2.1, in the event of a judicial action that results in a writ of mandate or court order that requires the City to modify or rescind the Development Plan, Developer shall have no vested right to the Development Plan and the City shall retain discretion as to the manner it complies with such writ of mandate or court order, including reapproving, modifying, or denying approval of the Development Plan. Furthermore, in the event that Ordinance adopting the Development Plan is challenged by a referendum petition, and such petition qualifies for the ballot, such vested right to develop the Project shall be suspended pending the results of the election upon the ballot measure. If the voters do not reject Ordinance , then this vested right to develop the Project shall no longer be suspended. If the voters reject Ordinance ,then this vested right to develop the Project shall no longer be in force and effect. Section 2.2 Permitted Uses. The permitted uses and the density and intensity of use of the Project Site; the maximum height, bulk and size of the proposed moldings; provisions for reservation or dedication of land for public purposes and the location of public improvements; the general location of public utilities; and other terms and conditions of development applicable to the Project, shall be as set forth in the Project Approvals and any Subsequent Approvals (but not in any limitation of any right to develop as set forth in the Project Approvals). Section 2.3 Applicable Law. "Applicable Law" shall mean, collectively, the Project Approvals and the other existing(as of the Effective Date) City laws,rules, regulations, official policies,standards and specifications governing development of the Project Site (including but not limited to the Zoning Ordinance,Growth Management Ordinance, General Plan, and design and construction standards)in force and effect on the Effective Date. During the Term;to the extent there are any conflicts between the Project Approvals (including but not limited to conditions to any of the Project Approvals) and this Agreement, the terms and conditions of this Agreement shall govern. Further, the parties further acknowledge that the GMA, once approved, is a vested element of this Agreement,notwithstanding subsequent RHNA cycles, or existing timing provisions or subsequent changes to the City's Growth Management Ordinance (the "GMO") Further, during the Term, to the extent there are any conflicts between the GMA and the GMO,the terns and conditions of the GMA shall govern. This section shall not preclude the application to development of the Project or Project Site of changes in Applicable Law, the terms of which are specifically mandated and required by changes in State or Federal laws or regulations. In the event State or Federal laws or regulations enacted after the Effective Date of this Agreement or action by any governmental jurisdiction other than the City prevents or precludes compliance with a provisions of this Agreement or requires changes in plans, maps or permits approved by the City,this Agreement shall be modified, extended or suspended as may be necessary to comply with such State or Federal law or regulation or the regulation of such other governmental jurisdiction. 4