ORD 1815A - Laserfiche WebLink

Francisco for such reservation is mutually agreeable to City and Property Owner, such agreement not to be unreasonably withheld. ARTICLE 4, ANNEXATION 4.1 Conditions Precedent to Annexation. Property Owner and City shall work together in a cooperative and diligent manner to apply for, process and facilitate the annexation of the Property to the City of Pleasanton. Nevertheless, unless and until all of the conditions set forth in Section 4.1, subsections (a) through (d) below (the "Annexation Conditions") have been satisfied, Property Owner shall have no obligation to cooperate with City to initiate or otherwise pursue annexation of that portion of the Property currently in unincorporated Alameda County (referred to herein for ease of reference as annexation of the Property, even though a portion of the Property is located within the City), and Property Owner shall retain all rights to challenge and oppose such annexation, at any time during but prior to the effective date of the annexation process, initiated by City or any other party. In the event one or more of the Annexation Conditions have not been satisfied prior to the Annexation Deadline defined in Section 4.4. of this Agreement, and an application for annexation is then pending, City shall, unless Property Owner waives the condition(s) that has not been satisfied or unless the parties agree to waive the provisions of Section 4.4 as provided in said Section, withdraw the application for annexation and take all other steps necessary to terminate the pending annexation proceedings. City shall not pursue fmal action on the annexation by the Alameda County Local Agency Formation Commission ("LAFCO") until all of the Annexation Conditions have been met, unless such conditions have been waived by Property Owner. (a) Finality of Initial Proiect Aoorovals, Property Owner has obtained Final Initial Project Approvals. For purposes of this subsection, Initial Project Approvals shall include any element thereof. For purposes of this Agreement, the Initial Project Approvals shall be deemed "Final" when the following have occurred: (i) Time periods for challenge to the Initial Project Approvals by referendum have passed without a petition for referendum having been submitted to the City; (ii) if a petition for referendum has been submitted to the City, the City has submitted the Initial Project Approvals to the voters, and the voters vote in favor of the Initial Project Approvals; as to all aspects of the referendum process, the applicable statute of limitations has expired with respect to commencing legal proceedings; and (iii) if legal proceedings have been initiated, a final non-appealable judgment(s) by a court of competent jurisdiction has been entered in such proceedings. invalidating the petition for referendum (if applicable) or overturning the decision of the voters not to vote in favor of the Initial Project Approvals referendum. (ii) Time periods for challenge to the Initial Project Approvals by all local administrative appeal periods, if any. have expired without an appeal having been filed with respect to the Initial Project Approvals; if an appeal has been filed, the applicable statute of limitations has expired with respect to the commencement of legal proceedings to challenge the Initial Project Approvals; and if any such legal proceedings have been initiated, a final non- 356901849375v14 -21- 08125100