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Packet 07052022
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Last modified
9/29/2025 1:57:07 PM
Creation date
7/13/2022 11:42:08 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
7/5/2022
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PERM
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Ord 2022-010 Shoreline Development Agreement
(Amended)
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\City Clerk\City Council\Ordinances\2022
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27 <br /> <br />(c) A Future Rule that conflicts with the Vested Elements shall nonetheless <br />apply to the Developer Acquired Property if, and only if (i) consented to in writing by <br />Developer; (ii) it is determined by City and evidenced through findings adopted by the City <br />Council that the change or provision is reasonably required in order to prevent a condition <br />dangerous to the public health or safety; (iii) required by changes in State or Federal law as set <br />forth in Section 4.8 below; (iv) it consists of changes in, or new fees permitted by this <br />Development Agreement; or (v) it is a Reserved Power or otherwise expressly permitted by this <br />Development Agreement. <br />(d) Prior to the Effective Date, the Parties shall have prepared two (2) sets of <br />the Project Approvals and Applicable Rules, one (1) set for City and one (1) set for Developer. <br />If it becomes necessary in the future to refer to any of the Project Approvals or Applicable Rules, <br />the contents of these sets are presumed for all purposes of this Development Agreement, absent <br />clear clerical error or similar mistake, to constitute the Project Approvals and Applicable Rules. <br />4.8. Changes in State or Federal Laws. In accordance with California Government <br />Code Section 65869.5, in the event that state or federal laws or regulations enacted after the <br />Effective Date (“State or Federal Law”) prevent or preclude compliance with one or more <br />provisions of this Agreement, the Parties shall meet in good faith to determine the feasibility of <br />any modification or suspension of this Agreement that may be necessary to comply with such <br />State or Federal Law and to determine the effect such modification or suspension would have on <br />the purposes and intent of this Agreement and the Vested Elements. Following the meeting <br />between the Parties, the provisions of this Development Agreement may, to the extent feasible, <br />and upon mutual agreement of the Parties, be modified or suspended, but only to the minimum <br />extent necessary to comply with such State or Federal Law. In such an event, this Development <br />Agreement together with any required modifications shall continue in full force and effect. In <br />the event that the State or Federal Law operates to frustrate irremediably and materially the <br />vesting of development rights to the Project as set forth in this Agreement, Developer may <br />terminate this Agreement. In addition, Developer shall have the right to challenge (by any <br />method, including litigation) the State or Federal Law preventing compliance with, or <br />performance of, the terms of this Development Agreement and, in the event that such challenge <br />is successful, this Development Agreement shall remain unmodified and in full force and effect, <br />unless the Parties mutually agree otherwise, except that if the Term of this Development <br />Agreement would otherwise terminate during the period of any such challenge and Developer <br />has not Commenced Construction of the Project in accordance with this Development <br />Agreement as a result of such challenge, the Term shall be extended for the period of any such <br />challenge. <br />4.9. Changes in Uniform Codes. Notwithstanding any provision of this Agreement to <br />the contrary, the Project shall be constructed in accordance with the provisions of the Uniform <br />Building, Mechanical, Plumbing, Electrical and Fire Codes, City standard construction <br />specifications, and Title 24 of the California Code of Regulations, relating to Building Standards, <br />in effect at the time of approval of the applicable building, grading, encroachment or other <br />construction permits for the Project. <br />4.10. Conflicts. In the event of an irreconcilable conflict between the provisions of the <br />Project Approvals (on the one hand) and the Applicable Rules (on the other hand), the provisions
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