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7C Page 225 writing, in the form (if any)prescribed by the Community Development Director, and must set forth.the grounds for t��e application. (d) Finalitv. I�or purposes of this Sectian, an approval shall become"Final"on: (i} the first day afl:er the last period for filing an appeal of the approval before any City agency or official(an "Aciministrative Appeal"), if an Administrative Appeal is expressly permitted but no Adminisirative Appeal is filed; (ii} if an Admiz�istratzve Appeal is filed, or if an Administrative Appeal is not expressly permitted, and in eith�r case no judicial chailenge is filed, on the date oa2 which the statute of limitatic�ns for a;udicial challenge to the approval expires under C�lifornia law; (iii) if a judicial challenge is filed but is not ap�ealed, an the date�nal judgment is rendered in the trial court. (iv) if a judici.al chaltenge is ap�ealed,on the date that the appeal is dismissed or the appellate decision becomes f nal. 1.2 Rights to Develop Project. (a) Vested Right. During the Term, except in an Event of a Default by Developer as defined in Article 4 of this Agreement, Developer shaIl have the vested right to develop the Project on the Property in compliance witll the Precise Plan. No subsequent amendment of the Precise Plan shall apply to the Project, except: (i} an amendznent which, alone ar in conjunction with other anlendments after the Effective Date,does not make it materialty more difficult to develop as many as 796 residential units as part of the Project and does not make any of the Key Elements {as identified in Section 1.2(�)below)materiaily more restrietiv�; or(ii)with the written consent of the Developer. During tl�e Tenn, to the extent covered by the Precise Plan, the overall design, development and construction of the Project, aiI on-site and off-site improvements, and the issuance of any subsequent Project approvals shall be governed by the Precise Plan. In the event of conflict between any terni or pravision of this Agreement or the Precise Plan and any oiher City ard?�iance; resoluti�n,plan,rule, regulatian, standard, directive, permit, approval, condition or ather measure(collectively, "City Law"}, this Agreetnent and the Yrecise Plan shall prevail. Except as limited by this Agreement, tlle Czty shall retain ail its police powers with respec#to the Project, and this Agreement shall be subject to Government Code Section 65869.5, co�lcerning com.pliance with state or federal laws or regulatioils. Notwithsta��ding the foregoing, the Parties acknowledge that the City is restricted in its authority to limit its police power by contract, and agree tliat this Agreement shall be construed to reserve to the City all such power and authority which cannot be restricted by contxact. The agreement of the City contained in this Agreement concerns the Project as identified in Recital 4 of this Agreement. In the event that the Developer or a successor in interest submits an application to the City to modify the Precise Plan or any other City Law to permit Developer to praceed with an alternate project, ihe City may disapprove suc'rz application, or may condition its approva3 on modifications to one or�nore provisions of this Agreement, the Precise Plan or other City Laws. 1025843-6 4 DRAFT'I2112107 3:00 PM