PC-92-80 - Laserfiche WebLink

and construction of the Project, and all on- and off-site improvements and appurtenances in connection therewith, which are in effect at the time this Agreement is executed, and any (i) changes to the Local Rules and fees; or (ii) new Local Rules; provided, however, that any changes or new Local Rules shall not apply if (a) they materially interfere with development; (b) materially interfere with development of the Property for the uses and the height, density and intensity set forth in PUD; or (c) the rate of development selected by Developer. In addition, city shall not apply arbitrarily or discriminatorily its police power to affect the development of the Property subject to city-wide mandatory water rationing. Water availability shall be subject to the City's rules and regulations in effect at the time building permits are applied for. The City shall withhold building permits for the Project if, at the time building permits are applied for, mandatory water rationing is in effect under a program precluding the issuance of building permits ror the Project, unless the city has adopted a water offset program and unless the Developer is participating in the program. If there arises any inconsistency between the Local Rules and this Agreement, the provisions of this Agreement shall control. 3.2 Desian Review. City and Developer agree that city does not give up its right, by entering this Agreement, to exercise discretionary design review approval authority regarding. site plans, including the right to require design mitigation measures reasonably related to particular sites. city shall not exercise its discretion, however, in a manner that would materially interfere with the development of the Property in accordance with the Development standards, set out in Table B-1 of PUD (hereinafter "Development standards"). 3.3 Parcelization of Prooertv. Developer shall have the right, from time to time or at any time, to reconfigure the parcels comprising the Property as Developer ma~ determine necessary in order to develop a particular phase of the Project, or to lease or finance a portion of the Property in connection with the development of the Project. Developer shall initiate the reconfiguration through an application for a lot line adjustment pursuant to the Local Rules. city shall accept any reparcelization application, provided it is accompanied by an appropriate statement in writing, certified by Developer, that the reparcelization is undertaken pursuant to this Section 3.3. Each application shall be expeditiously processed by the Developer in accordance with the Local Rules, and if the application is consistent with, and otherwise conforms to, the Development Standards and the Local Rules, city shall approve the application, subject to concurrent completion of the segregation of assessments. The parties acknowledge that the lot line adjustments contemplated hereunder are an appropriate means by - 4 - II .