Laserfiche WebLink
11 <br /> <br />1.73. “Public Art” and “Public Art Fund” shall have those meanings described in <br />Section 3.14 of this Agreement. <br />1.74. “Public Improvement Agreement” means the Public Improvement Agreement <br />or Agreements to be entered by the Parties as described in Section 3.2 of this Agreement. <br />1.75. “Public Improvements” means the erection, construction, alteration, repair, or <br />improvement of any public structure, building, road, or other public improvement of any kind. <br />1.76. “Reserved Powers” means existing or future City laws, regulations, rules and <br />policies which apply to the Project or Property and are not subject to the vested rights granted <br />under this Agreement. The Reserved Powers include, but are not limited to, the power to enact <br />and implement laws, rules, regulations, and policies after the Effective Date that may be in <br />conflict with the Applicable Laws, which either (1) prevent or remedy conditions which the City <br />has found to be injurious or detrimental to the public health or safety; (2) are Uniform Codes; <br />(3) are necessary to comply with state and federal laws, rules and regulations (whether enacted <br />previous or subsequent to the Effective Date) or to comply with a court order or judgment of a <br />state or federal court; (4) are agreed to or consented to by Developer; (5) involve the formation <br />of assessment districts, Mello-Roos Community Facilities Districts, special districts, <br />maintenance districts or other similar districts formed in accordance with Applicable Laws; <br />provided, however, that Developer shall retain all its rights with respect to such districts pursuant <br />to all Applicable Laws subject to Section 3.28 below; or (6) are the adoption, periodic revisions <br />or inflation adjustments to generally applicable Processing Fees and Charges; the adoption, <br />periodic revisions or inflation adjustments to generally applicable Impact Fees; or the adoption, <br />periodic revisions or inflation adjustments to Citywide fees or charges applicable to similarly <br />situated properties or uses; provided that such fees or charges are not imposed in violation of the <br />express limitations set forth in this Agreement. <br />1.77. “Single Family Element” shall have that meaning set forth in Recital E of this <br />Agreement. <br />1.78. “Site Preparation” shall have that meaning set forth in Section 3.8 of this <br />Agreement. <br />1.79. “State or Federal Law” shall have that meaning set forth in Section 4.8 of this <br />Agreement. <br />1.80. “Subsequent Approvals” shall have that meaning set forth in Recital H of this <br />Agreement. <br />1.81. “Substantial Completion” means the stage in the progress of the work where the <br />work or designated portion is sufficiently complete in accordance with the contract documents so <br />that the owner of the work can occupy or utilize the work for its intended use. The City or its <br />designated representative shall determine in its sole discretion when Substantial Completion is <br />achieved and will issue a list of remaining items of work (Punch List) in the issuance of the <br />Notice of Substantial Completion that must be completed and accepted before Final Completion.