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PC-92-80
City of Pleasanton
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PC-92-80
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Last modified
3/15/2006 9:33:58 AM
Creation date
5/4/2005 3:44:56 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
9/9/1992
DOCUMENT NO
PC-92-80
DOCUMENT NAME
PUD-81-30-26M/PUD-85-8-8M
NOTES
PRUDENTIAL INSURANCE CO
NOTES 3
DEVT AGMTS GOVERNING 262 ACRES OFHBP
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<br />City council may, by noticed pUblic hearing, terminate or amend <br />this Agreement. <br /> <br />7.6 Misce11aneous Reauirements in Connection with <br />Annual Review. The City Council's determination hereunder shall <br />be made within thirty (30) days after the submission by Developer' <br />of the required material hereunder. . The issuance of a <br />Certificate of Compliance by the City Council, or the issuance of <br />a Certificate of Compliance on appeal, shall conclude the review <br />for the applicable period, and the determination shall be final <br />and conclusive up to and including the date of the annual review <br />hereunder. All costs incurred by City for the annual review <br />conducted hereunder shall be borne by city. Each annual review <br />hereunder, to the extent applicable or feasible, shall be subject <br />to the demonstration of compliance by Developer through <br />ascertainable standards of professional disciplines having the <br />requisite experience and expertise within the subject matter <br />under review, so that Developer will have the ability to <br />demonstrate compliance on an objective basis through information <br />or other data prepared by Developer and its consultants and <br />submitted with its annual statement of compliance hereunder. The <br />City Council shall conduct its annual review through <br />representatives of professional disciplines who are able to <br />analyze Developer's good faith compliance hereunder in accordance <br />with objective and demonstrable standards. <br /> <br />8. PERMITTED DELAYS: SUPERSEDURE OR SUBSEOUENT LAWS. <br /> <br />8.~ Permitted Delavs. In addition to any specific <br />provisions of this Agreement, performance by either party of its <br />obligations hereunder shall be excused during any period of delay <br />caused at any time by reason of acts of God or civil commotion, <br />riots, strikes, picketing or other labor disputes, shortage of <br />materials or supplies, or damage to work in process by reason of <br />fire, flood, earthquake or other casualties, restrictions imposed <br />or mandated by governmental or quasi-governmental entities, <br />enactment of conflicting laws (including, withoqt limitation, new <br />or supplementary environmental regulations), litigation, acts or <br />neglect of the other party, or any other cause beyond the <br />reasonable control of a party. Each party shall promptly notify <br />the other party of any delay hereunder as soon as possible after <br />the delay has been ascertained. The Term of this Agreement shall <br />be extended by the period of any delay hereunder. <br /> <br />8.2 SUDersedure bv Subsecuent Laws. If any state or <br />federal law or regulation made or enacted after the date of this <br />Agreement prevents or precludes compliance with one or more <br />provisions of this Agreement, the provisions of this Agreement, <br />to the extent feasible, shall be modified or suspended as may be <br />necessary to comply with the ,new state or federal regulation. <br />Immediately after enactment of any new state or federal <br />regulation, the parties shall meet and confer in good faith to <br /> <br />- 9 - <br />
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