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Inst 2011 Agmt Wm Mathews Inc
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Inst 2011 Agmt Wm Mathews Inc
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Last modified
12/13/2011 9:18:06 AM
Creation date
12/13/2011 9:17:43 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Recorded Document Type
Development Agreement
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PERM
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1.5. Definitions. <br /> The capitalized terms used in this Development Agreement shall have the meanings set <br /> forth in Appendix I attached hereto. <br /> ARTICLE 2. <br /> DEVELOPMENT OF THE PROPERTY <br /> 2.1. Project Development. <br /> Developer shall have a vested right to develop the Project on the Property, in accordance <br /> with the Vested Elements (defined in Section 2.2). <br /> 2.2. Vested Elements. <br /> The permitted uses of the Property, the maximum density and/or number of residential <br /> units, the intensity of use, the maximum height and size of the proposed buildings, provisions for <br /> reservation or dedication of land for public purposes, the conditions, terns, restrictions, and <br /> requirements for subsequent discretionary actions, the provisions for public improvements and <br /> financing of public improvements, and the other terms and conditions of development applicable <br /> to the Property are as set forth in: <br /> a. The General Plan of City on the Agreement Date, including the General <br /> Plan Amendments ( "Applicable General Plan "); <br /> b. The Zoning Ordinance of City on the Agreement Date, including the <br /> Zoning Amendment ( "Applicable Zoning Ordinance "); <br /> c. Other rules, regulations, ordinances and policies of City applicable to <br /> development of the Property on the Agreement Date, except for any and all fees applicable to the <br /> development, which shall be vested as set forth in Section 2.6.3 of this Agreement, (collectively, <br /> together with the Applicable General Plan and the Applicable Zoning Ordinance, the <br /> "Applicable Rules "); and <br /> d. The Project Approvals, as they may be amended from time to time upon <br /> Developer's consent (such consent to be granted at the sole discretion of Developer) and City's <br /> approval of the amendment in accordance with Section 4.4.2 of this Agreement; <br /> and are hereby vested in Developer, subject to, and as provided in, the provisions of this <br /> Development Agreement (the "Vested Elements "). City hereby agrees to be bound with respect <br /> to the Vested Elements, subject to Developer's compliance with the terms and conditions of this <br /> Development Agreement. <br /> 2.3. Development Construction Completion. <br /> 2.3.1. Tinting of Development; Pardee Finding. Because the California <br /> Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Ca1.3d 465 (1984), that <br /> the failure of the parties therein to provide for the timing of development resulted in a later - <br /> 5 <br />
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