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May 25, 2010 -Execution Copy
<br />height, bulk and size of proposed buildings; provisions for reservation or
<br />dedication of land for public purposes and the location of public improvements;
<br />the general location of public utilities; and other terms and conditions of
<br />development applicable to the Project, shall be as set forth in the Project
<br />Approvals and, as and when they are issued (but not in limitation of any right to
<br />develop as set forth in the Project Approvals), the Subsequent Approvals.
<br />Permitted uses shall include, without limitation, hospital, medical office, central
<br />utility plant, outdoor service yard, parking, retail, and mixed-use residential as
<br />permitted in the Project Approvals.
<br />Section 6.03. Solar Uses. The City's 2002 General Plan, Action 28.02, provides
<br />that the City shall review local land use regulations (including the zoning code,
<br />building code, and subdivision ordinances) to ensure that there are no obstacles
<br />to the use of solar power or the development of alternative energy sources.
<br />(General Plan, p. 5-44). General Plan Policy 28.04 provides that the City shall
<br />accommodate the use of local alternative energy resources, such as solar power.
<br />(General Plan, p. 5-45). Furthermore, the General Plan states that a greater
<br />emphasis will be placed on renewable energy and the increased use of
<br />alternative energy sources. (General Plan, p. 3-4 & General Plan, p. 5-24). In
<br />furtherance of these City renewable/solar energy policies and AB 32, the
<br />California Global Warming Solutions Act of 2006, Solar Uses shall be allowed
<br />on the Project Site as an accessory use to a permitted use, subject to standard
<br />site plan review and other requirements, as set forth in the Project Approvals.
<br />Section 6.04. Applicable Law. The rules, regulations, official policies, standards
<br />and specifications applicable to the Project (the "Applicable Law") shall be
<br />those set forth in this Agreement and the Project Approvals, and, with respect to
<br />matters not addressed by this Agreement or the Project Approvals, those rules,
<br />regulations, official policies, standards and specifications (including City
<br />ordinances and resolutions) governing permitted uses, building locations, timing
<br />of construction, densities, design, and heights, in force and effect on the
<br />Effective Date of this Agreement. Notwithstanding the foregoing, Developer
<br />may elect to proceed pursuant to those rules, regulations, official policies,
<br />standards and specifications (including City ordinances and resolutions) in
<br />effect at the time of application for a Subsequent Approval, subject to City
<br />approval.
<br />Section 6.05. Vested Rights in Fees and Exactions. The Project shall be subject to
<br />fees and exactions imposed by the City in accordance with the terms of this
<br />Agreement. All categories of fees and exactions that are in effect as of the
<br />Effective Date of this Agreement, and to which the Project is subject, shall be
<br />vested by this Agreement. The Project shall not be subject to categories of fees
<br />or exactions not in effect as of the Effective Date of this Agreement. The
<br />amount of said fees and exactions shall be subject to any periodic adjustments or
<br />increases in accordance with the terms and policies adopted by the City for said
<br />fees and exactions. Any fees paid for the Project, will be based on the amounts
<br />in place at the time the fee is due. The City agrees to exclude Developer from
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<br />1424669.1 Kaiser Medical Center and Retail Project Development Agreement
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