ORD 2158 - Laserfiche WebLink

In the event the ordinance adopting the Zoning Amendments is challenged through a judicial action that results in a writ of mandate or court order that requires the City to modify or rescind the Project, the effectiveness of this Agreement shall be suspended pending such modification or recession. The City's modification of the Zoning Amendments may necessitate that the parties to this Agreement negotiate an amendment to this Agreement. The recession of the Project shall result in this Agreement no longer being in force and effect. In that event the ordinance adopting the Zoning Amendments is challenged by a referendum petition, if such petition qualifies for the ballot,this Agreement shall be suspended pending the results of the election upon the ballot measure. If the voters do not reject the ordinance adopting the Zoning Amendments,this Agreement shall no longer be suspended. If the voters reject the ordinance adopting the Zoning Amendments, then this Agreement shall no longer be in force and effect. This Agreement shall continue for a period of ten (10)years unless sooner terminated as provided in this Agreement("Term"). 2.2 Effect of Termination. Subject to the provisions of Section 7, following expiration of the Term (which shall include any mutually agreed upon extensions), this Agreement shall be deemed terminated and of no further force and effect except for any and all obligations expressly provided for herein that shall survive termination. SECTION 3. STANDARDS, LAWS, AND PROCEDURES GOVERNING THE PROJECT 3.1 Permitted Uses. The permitted uses and the density and intensity of use of the Property; the maximum height, bulk and size of the proposed buildings; 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, as and when they are issued (but not in any limitation of any right to develop as set forth in the Project Approvals), any Subsequent Approvals (defined below). 3.2 Conflicts. 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. 3.3 Moratorium,Initiatives and Conflicting Enactments. To the extent consistent with State law (and excepting a declaration of a local emergency or state emergency as defined in Government Code section 8558), if any ordinance, resolution or other 6