Laserfiche WebLink
the City with respect to the Development without the written mutual consent of the City's Planning <br />Director and the Developer. <br /> <br /> (c) Exclusions from "Existing Development Regulations". As used herein, "Existing <br />Development Regulations" shall not include municipal laws and regulations that do not conilia with <br />Developer's vested rights to develop and use the Property in accordance with this Agreement. <br />Developer and its successors and assigns shall comply with such non-conflicting laws and regulations <br />as may from time to time be enacted or amended hereafter. <br /> <br /> (d) Subsequent "Slow/No Growth" Measures. Consistent with (a) and (b), above, any <br />subsequently enacted initiatives or amendments to the City' s General Plan and/or Zoning Code that <br />contain "slow/no growth" measures that, by their terms or by their operation, conflict with this <br />Development Agreement, or limit the timing or phasing of the Development, shall have no application <br />to the Development. <br /> <br /> 12. Assignment and Release. Developer shall have the right to sell, assign, pledge as security, <br />or transfer all or any part of its interest in the Property along with all of its right, title, and interest in <br />and to any part of this Development Agreement to any person, firm, or corporation at any time during <br />the term of this Development Agreement without the consent of the City. Any such person, firm, or <br />corporation who takes an interest in the Property, other than a mortgage holder, shall not have any <br />fight to develop the Property unless they fulfill the terms of this Development Agreement. Provided <br />that Developer has provided the City with notice of such transfer, upon the sale, transfer, or <br />assignment of Developer's interest in all or a portion of the Property or the Development, Developer <br />shall be released from its obligations under this Development Agreement arising subsequent to such <br />transfer in respect to the transferred portion. The City agrees to execute any documents reasonably <br />required by an assignee, transferee, lender, or other party confirming the rights of such party under <br />this Development Agreement or providing notices of default or rights to cure for the benefits of such <br />parties. <br /> <br /> 13. Periodic Review of Compliance. In accordance with Government Code section 65865.1, <br />the City Council shall review this Development Agreement at least once each calendar year hereafter. <br />At such periodic reviews, Developer must demonstrate its good faith compliance with the terms of <br />this Development Agreement. Developer agrees to furnish such evidence of good faith compliance <br />as the City, in the reasonable exercise of its discretion and after reasonable notice to Developer, may <br />require. Developer shall be deemed to be in good faith compliance with this Development Agreement <br />if the City is not entitled by the terms and provisions of this Development Agreement to terminate this <br />Development Agreement. <br /> <br /> 14. Project Condition. Nothing herein shall reduce or eliminate any obligation of Developer <br />required as a condition of any other approvals granted by the City. <br /> <br /> 15. Successors in Interest. This Agreement shall run with the land and be binding upon any <br />and all assigns and successors in interest of Developer who have an interest in the Property. <br /> <br /> 6 <br /> <br /> <br />