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7C <br /> Page 229 <br /> have bee�i duly authorized to do so, and (iv) this Agreeinent constitutes a valid and binding <br /> obligation of City, enforceaUle in accordance wit11 its tern�s. <br /> 1.3 Project Approvals; tissessments. <br /> (a} Provided that Developer has complied with this Agreement, the Appl.icable Rules, <br /> and the Precise PIan, City shaIl review and, if consistent witll the Precise Plan and Applicable <br /> Rules, issue, or cause to be issued, any and all subsequent permits and approvals that may be <br /> requircci by the City, and shall fully cooperate with Developer in its efforts to obtain any permits <br /> and approvals required by any other goveinmental agency with regulatory authority over the <br /> Project or the Property, subject to the remaining provisions of this Section 1.3. AlI future <br /> discretionary approvals granted for the Project or the Property shall automaticaliy become part of <br /> the vested approvals governed by this Agreement at the time each such approval becomes <br /> effective. Without limiting the generality of the for.egoa��g, all vesting tentative subdivision <br /> nnaps, naaster parcel tentative maps, parcel maps, subdivision tentative maps,planned �anit <br /> development permits, special permits, or any other maps,rezonings or land use entitlements of <br /> potentially iimited duration previously, coi�temporaneously or snbsequently agproved for the <br /> Properiy s11all be valid for a minimum ierm equal to the Terna of this Agreenr�ent. <br /> (b) BuildingL Pennits. Devetoper applications for building permits shall be processed <br /> as stated rn 5ection 1.2(fl of this Agreement. <br /> (c) Parcelizatian of the Property. Developer shall have the right from time to time or <br /> at any time, to apply to reconf gare the parcels comprising the Properiy as may be necessary in <br /> order to develop a particular phase of the Project, or to lease or finance a portion of the Property <br /> in connection with the development of the Project. City shall accept and timely process, and may <br /> impose l.egally authorized conditions on, a,ny such application, consistent with this Agreeme��t, <br /> the Precise Plaii and Applicable Rules. <br /> (d) Exactions. All further or subsequei�t approvals contemplated by this Agreement, <br /> or inade in connection with the development of the Project hereunder, shall be processed in <br /> accordance with the Precise Plan, the Applicable Rules, and this Agreement. The Parties <br /> acknowledge th.at the provisions contained i.n this Section are in.tended to implement the intent of <br /> the Parties that tl�e Developer shall have the right to develop the Project pursuant to specified and <br /> known criteria aald r-ules. <br /> (e} Assessments. Nothing herein shaIl be construed to reli.eve the Praperty from <br /> assessments or special taxes Ievied against it by City pursuant to any statutory procedare for the <br /> fonnation of assessmenfi districts or community facilities districts or si�nilar public financing <br /> mechanism ta pay for public infrastructure and/or services whicl�benefit th�Property,provided <br /> suclz assessments or s�ecial taxes are levied in a mataz�er that does uot discriminate against the <br /> Pro�erty or the Project, and further provic�ed that credit is available to the Developer, whe�� <br /> appropriate, for improveme»ts completed or to be completed by the Developer at the Developer's <br /> expense (e.g., if Developer constructs or installs iinprovements t��at will benefit property of <br /> greater geographic scope than the Property). <br /> ]U25843-6 g <br /> DRAFT i2112/07 3:00 PM <br />