ORD 1792 - Laserfiche WebLink

5.1.3.2 As provided in the Project Approvals, Developer shall pay the City all applicable fees in effect at the time each approval is granted or permit is issued. 5.1.3.3 City shall use its best efforts to reserve sewer capacity for the Project, but this Agreement does not guarantee the availability of sewage treatment capacity to serve the Project; building permits may be withheld if the City determines that sewage treatment capacity is not available at the time Developer applies for building permits for the Project. 5.1.3.4 This Agreement also does not guarantee the availability of sufficient water to serve the Project. The City shall withhold building permits for the Project if, at the time building permits are applied for, mandatory water rationing is in effect, unless the City has adopted a water offset program and unless the Developer is participating in the program. Notwithstanding the Developer's participation in such program, the City may withhold building permits if the City determines that sufficient water is not available at the time building permits for the Project are applied for. 5.1.3.5 Anything herein or in Chapter 17.36 of the Pleasanton Municipal Code to the contrary notwithstanding, City hereby determines that the Project shall be deemed a Major Project for purposes of the City's Growth Management Program. 5.1.3.6 Nothing herein shall reduce or eliminate any obligation of Developer required as a condition of any other approvals granted by the City. 5.2 Timing of Development. Subject to the Growth Management limitations referred to above, Developer shall have the right (without obligation) to develop the Project in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment, and such order, rate and time selected by Developer shall in no way affect or impair Developer's vested rights under this Agreement. Any ordinance, resolution or other measure enacted by City, whether by action of City, by initiative, referendum, or otherwise, that purports to regulate the timing of development or build-out of the Project, or limit the public improvements or the number of homes that can be approved or built in any time period, shall not be applicable to the Project. 5.3 Initiative Moratorium Not Applicable. Notwithstanding anything to the contrary contained herein, in the event an ordinance, resolution, initiative, or other measure is enacted, whether by action of City, by initiative, referendum, or otherwise, that (a)imposes a planning or building moratorium which would otherwise affect the Project or all or any part of the Property; or (b) which would require a vote of the people as a condition to the grant of one or more approvals for the Project; or (c)that would in any other way affect the ability of Developer to develop and build the Project in accordance with the vested rights granted herein, City agrees that such ordinance, resolution or other measure shall not apply to the Project, the Property, the Existing Approvals, this Agreement or any other Project Approvals. -6- 10/21/99