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10
City of Pleasanton
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CITY CLERK
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2007
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110607
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10
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11/1/2007 3:06:32 PM
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11/1/2007 1:54:04 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
11/6/2007
DESTRUCT DATE
15 Y
DOCUMENT NO
10
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adopted and uniformly applied by City on a citywide basis and provided that no <br />such code or standard is adopted for the purpose of preventing or otherwise <br />limiting construction of all or any part of the Project. <br />Section 6.05. No Conflicting Enactments. City shall not impose on the Project <br />(whether by action of the City Council or by initiative, referendum or other <br />means) any ordinance, resolution, rule, regulation, standard, directive, condition <br />or other measure (each individually, a "City Law") that is in conflict with <br />Applicable Law or this Agreement or that reduces the development rights or <br />assurances provided by this Agreement. Without limiting the generality of the <br />foregoing, any City Law shall be deemed to conflict with Applicable Law or this <br />Agreement or reduce the development rights provided hereby if it would <br />accomplish any of the following results, either by specific reference to the <br />Project or as part of a general enactment which applies to or affects the Project: <br />(a) Change any land use designation or permitted use of the Project Site; <br />(b) Limit or control the availability of public utilities, services or facilities or <br />any privileges or rights to public utilities, services, or facilities (for example, <br />water rights, water connections or sewage capacity rights, sewer <br />connections, etc.) for the Project; <br />(c) Limit or control the location of buildings, structures, grading, or other <br />improvements of the Project in a manner that is inconsistent with or more <br />restrictive than the limitations included in the Project Approvals or the <br />Subsequent Approvals (as and when they are issued); <br />(d) Limit or control the rate, timing, phasing or sequencing of the approval, <br />development or construction of all or any part of the Project in any manner; <br />(e) Apply to the Project any City Law otherwise allowed by this Agreement that <br />is not uniformly applied on a City-wide basis to all substantially similar <br />types of development projects and project sites; <br />(f) Result in Developer having to substantially delay construction of the Project <br />or require the issuance of additional permits or approvals by the City other <br />than those required by Applicable Law; <br />(g) Substantially increase the cost of constructing or developing the Project or <br />any portion thereof; <br />(h) Establish, enact, increase, or impose against the Project or Project Site any <br />fees, taxes (including without limitation general, special and excise taxes), <br />assessments, liens or other monetary obligations (including generating <br />demolition permit fees, encroachment permit and grading permit fees) other <br />than those specifically permitted by this Agreement or other connection fees <br />imposed by third party utilities; <br />54393\84008v3 <br />
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