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The Parties acknowledge that in order to develop the Project on the Property, Developer will <br /> need to obtain City approval of various "Subsequent Approvals." "Subsequent Approvals" <br /> include any and all land use, environmental, building and development approvals, entitlements <br /> and/or permits granted by the City after the Effective Date to develop and operate the Project on <br /> the Property, including, without limitation, amendments or other modifications to any Project <br /> Approvals; boundary changes; tentative and final subdivision maps, parcel maps and lot line <br /> adjustments; subdivision improvement agreements; design review; conditional use permits; <br /> Building Permits; grading permits; encroachment permits; Certificates of Occupancy; formation <br /> of financing districts or other financing mechanisms; and any amendments thereto <br /> (administrative or otherwise). For any Subsequent Approvals proposed by Developer, Developer <br /> shall file an application with City for the Subsequent Approval at issue in accordance with the <br /> Existing Rules, and shall pay any applicable Regulatory Processing Fees as are in effect at the <br /> time of the application. Provided that such application(s) are in a proper form and include all <br /> required information and payment of any applicable Regulatory Processing Fees in the amount in <br /> effect at time of payment, City shall diligently and expeditiously process each such application. <br /> (c) Subsequently Adopted Rules. <br /> City may apply to the Property and the Project any new or modified rules, regulations and <br /> policies adopted after the Effective Date ("Subsequently Adopted Rules"), only to the extent that <br /> such Subsequently Adopted Rules are generally applicable to other similar developments in the <br /> City of Pleasanton and only to the extent that such application would not conflict with any of the <br /> vested rights granted to Developer under this Agreement. The Parties intend that Subsequently <br /> Adopted Rules that are adopted by the voters that impair or interfere with the vested rights set <br /> forth in this Agreement shall not apply to the Project. For purposes of this Agreement, any <br /> Subsequently Adopted Rule shall be deemed to conflict with Developer' vested rights hereunder <br /> if it: <br /> (i) Seeks to limit or reduce the intensity of development of the Property or the <br /> Project or any part thereof; <br /> (ii) Would change any land use designation or permitted use of the Property; <br /> (iii) Would limit or control the location of buildings, structures, grading, or <br /> other improvements of the Project, in a manner that is inconsistent with the Existing <br /> Rules or Project Approvals; <br /> (iv) Would limit the timing or rate of the development of the Project, except as <br /> otherwise provided herein; or <br /> (v) Seeks to impose on the Property or the Project any Development Impact <br /> Fee not in effect on the Effective Date of this Agreement, provided however, that, except <br /> as expressly provided herein, Developer shall pay, or cause to be paid, applicable <br /> Development Impact Fees in the amounts in effect at the time of payment. <br /> 10 <br />