Ord04 2265 - Laserfiche WebLink

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(c) Dedication Requirements, Exactions and Fees. During the Term, the City dedication requirements, exactions and fees (each a "Measure"), including without limitation processing and inspection fees and measures to mitigate environmental impacts mentioned in the EIR, applicable to the Project shall be those in effect at the Effective Date, modified only by Measures which either are specifically identified in the Precise Plan or which apply, on a basis which does not discriminate against the Property or the Project, to at least one other site within the City, and either: (i) whose effect is to apply to the Project an adjustment of the amount or magnitude of a fee or other exaction existing on the Effective Date; or (ii) which mitigate an impact of the Project which either was not identified in the EIR or the Precise Plan, or was identified but for which no mitigation measure was described or adopted; and further provided that credit is available to the Developer, when appropriate, for improvements completed or to be completed by the Developer at the Developer's expense. (d) Timing of Development. Developer shall have the right to develop the Project at such time or times prior to the expiration of the Term as Developer deems appropriate within the exercise of its good faith business judgment, provided that the Project is developed substantially in compliance with any timing provisions of the Precise Plan and the provisions ofthis Agreement. Since the California Supreme Court held that the failure of the parties in Pardee Construction Co. v. City of Camarillo, 37 Ca1.3d 465 (1984), to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development and controlling the parties' agreement, it is the express intent of City and Developer that Developer have the right to develop the Project at such rate and times prior to the expiration of the Term as Developer deems appropriate, provided that development is consistent with the express terms of this Agreement and the Precise Plan. City acknowledges that such a right is consistent with the intent, purpose and understanding of the parties to this Agreement, and that without such a right, Developer's development of the Project would be subject to the uncertainties sought to be avoided by the Government Code Section 65864 et seq. and this Agreement. (e) Initiative and Referendum. If during the Term any City Law, including without limitation any moratorium or other limitation (whether relating to the rate, timing, phasing or sequencing of development) affecting subsequent maps, building permits or other entitlements to use that are approved or to be approved, issued or granted within the City, or portions of the City, is enacted or imposed by initiative or referendum, or enacted or approved by the City directly or indirectly in connection with any proposed initiative or referendum, which City Law would conflict with this Agreement or the Precise Plan, or would reduce the development rights provided under this Agreement, such City Law shall not apply to the Project, unless such moratorium or limitation is imposed as part of a declaration of a local emergency or state of emergency as defined in Government Code Section 8558. This subsection (e) shall have no application to any referendum on any City legislative action which action occurs before the Effective Date, including without limitation approval of the Precise Plan or of any City general plan or zoning amendment. (f) Certain Rules and Regulations Not Affected; Applicable Rules. During the Term, the City may apply pre-existing, new or modified City Laws to the Property which are consistent with those applicable to the Property under this Agreement and consistent with the Precise Plan. Where the Precise Plan does not apply and this Agreement does not otherwise provide, the 1289\02\ 17 5277 .12 5