ORD 1794 - Laserfiche WebLink

obligations herein and the rights heroin shall remain in full forge and effect throughout the Term. (c) If any litigation affecting the Property or the Development is filed challenging or raising issues concerning this Agreement or any underlying environmental determinations, the Term of this Agreement shall be extended for the period of time from the date of the filing of such litigation until the conclusion of such litigation by dismissal or final entry of judgment, and the Developer and City shall indicate on this Agreement the period of any such extension and may record a notice to such effect. The extension of time shall not be applicable if the Developer is the plaintiff or petitioner in the litigation, unless a court of competent jurisdiction approves of same. (d) The City may terminate this Development Agreement prior to expiration of the Term if the Developer fails to perform its obligations as contained herein. 4. Development Approval. Planned unit development application PUD-99-07, TTK Partnership, is hereby approved, subject to development conditions contained therein. 5. Subdivision. The term of the Tentative Subdivision Map ("the Map") or any amendment of the Map, including lot line adjustments or merger of lots within the Map, shall automatically be extended for the Term of this Development Agreement as permitted by Government Code section 66452.6, subdivision (a). 6. Processing of Application and Permits. The City and its officers and departments shall not unreasonably delay the processing of any application for any permit or approval necessary to commence or complete the Development. 7. Growth Management Program. Developer shall participate in and be bound by City of Pleasanton Ordinance No. 1729, which established a revised growth management program. Under said Ordinance, the Project shall be categorized as a Major Project and the Project shall have the right to develop as provided in the said Ordinance and as provided in this Agreement. 8. Developer to Pay Current Fees. It is not the intent of this Agreement that applicable City fees that are normally and customarily applied to developments of the type and character of the Project shall be fixed as of any point in time. Developer shall be subject to all fees in effect in the City at the time such fees are paid or assessed. 9. Sewage Capacity and Water Availability. (a) 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.