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8F Consent 2011 1205
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8F Consent 2011 1205
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Last modified
12/14/2011 2:38:19 PM
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11/29/2011 5:01:36 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
12/5/2011
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PERM
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_CC Agenda 2011 1205
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2011\Packet 2011 1205
3B Public Hearing 2011 1121
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2011\Packet 2011 1121
Ord 2011-013
(Reference)
Path:
\City Clerk\City Council\Ordinances\2011
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Future Rule that would conflict with the Vested Elements or this Agreement or reduce the <br />development rights provided by this Agreement. <br />C. A Future Rule that conflicts with the Vested Elements shall <br />nonetheless apply to the Property if, and only if (i) consented to in writing by Developer; (ii) it is <br />determined by City and evidenced through findings adopted by the City Council that the change <br />or provision is reasonably required in order to prevent a condition .dangerous to the public health <br />or safety; (iii) required by changes in State or Federal law as set forth in Section 2.4.3 below; <br />(iv) it consists of changes in, or new fees permitted by, Section 2.6; (v) it consists of revisions to, <br />or new Building Regulations (as defined in Section 2.11) permitted by Section 2.11; or (vi) it is <br />otherwise expressly permitted by this Development Agreement. <br />d. Prior to the Effective Date, the Parties shall have prepared two (2) <br />sets of the Project Approvals and Applicable Rules, one (1) set for City and one (1) set for <br />Developer. If it becomes necessary in the future to refer to any of the Project Approvals or <br />Applicable Rules, the contents of these sets are presumed for all purposes of this Development <br />Agreement, absent clear clerical error or similar mistake, to constitute the Project Approvals and <br />Applicable Rules. <br />2.4.3. Changes in State. or Federal Laws In accordance with California <br />Government Code Section 65869.5, in the event that state or federal laws or regulations enacted <br />after the Effective Date ( " State or Federal Law ") prevent or preclude compliance with one or <br />more provisions of this Agreement, the Parties shall meet in good faith to determine the <br />feasibility of any modification or suspension of this Agreement that may be necessary to comply <br />with such State or Federal Law and to determine the effect such modification or suspension <br />would have on the purposes and intent of this Agreement and the Vested Elements. Following <br />the meeting between the Parties, the provisions of this Development Agreement may, to the <br />extent feasible, and upon mutual agreement of the Parties, be modified or suspended, but only to <br />the minimum extent necessary to comply with such State or Federal Law. In such an event, this <br />Development Agreement together with any required modifications shall continue in full force <br />and effect. In the event that the State or Federal Law operates to frustrate irremediably and <br />materially the vesting of development rights to the Project as set forth in this Agreement, <br />Developer may terminate this Agreement. In addition, Developer shall have the right to <br />challenge (by any method, including litigation) the State or Federal Law preventing compliance <br />with, or performance of, the terms of this Development Agreement and, in the event that such <br />challenge is successful, this Development Agreement shall remain unmodified and in full force <br />and effect, unless the Parties mutually agree otherwise, except that if the Term of this <br />Development Agreement would otherwise terminate during the period of any such challenge and <br />Developer has not commenced with the development of the Project in accordance with this <br />Development Agreement as a result of such challenge, the Term shall be extended for the period <br />of any such challenge. <br />2.4.4. Conflicts In the event of an irreconcilable conflict between the provisions <br />of the Project Approvals (on the one hand) and the Applicable Rules (on the other hand), the <br />provisions of the Project Approvals shall apply. In the event of a conflict between the Project <br />Approvals (on the one hand) and this Development Agreement, in particular, (on the other hand), <br />the provisions of this Development Agreement shall control. <br />7 <br />
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