RecD08 2008-086768 - Laserfiche WebLink

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4. This Agreement is a valid obligation of Developer and is enforceable in accordance with its terms. (i) City Representations and Warranties. City represents and warrants to Developer that: (i) City has full right, power and authority to undertake all obligations of City as provided herein, (ii) the execution, performance and delivery of this Agreement by City has been duly authorized by all requisite actions, (iii) the persons executing this Agreement on behalf of City have been duly authorized to do so, and (iv) this Agreement constitutes a valid and binding obligation of City, enforceable in accordance with its terms. 1.3 Proiect Approvals; Assessments. (a) Provided that Developer has complied with this Agreement, the Applicable Rules, and the Precise Plan, City shall review and, if consistent with the Precise Plan and Applicable Rules, issue, or cause to be issued, any and all subsequent permits and approvals that may be required by the City, and shall fully cooperate with Developer in its efforts to obtain any permits and approvals required by any other governmental agency with regulatory authority over the Project or the Property, subject to the remaining provisions of this Section 1.3. All future discretionary approvals granted for the Project or the Property shall automatically become part of the vested approvals governed by this Agreement at the time each such approval becomes effective. Without limiting the generality of the foregoing, all vesting tentative subdivision maps, master parcel tentative maps, parcel maps, subdivision tentative maps, planned unit development permits, special permits, or any other maps, rezonings or land use entitlements of potentially limited duration previously, contemporaneously or subsequently approved for the Property shall be valid for a minimum term equal to the Term of this Agreement. (b) Building Permits. Developer applications for building permits shall be processed as stated in Section 1.2(f) of this Agreement. (c) Parcelization of the Property. Developer shall have the right from time to time or at any time, to apply to reconfigure the parcels comprising the Property as may be necessary in order to develop a particular phase of the Project, or to lease or finance a portion of the Property in connection with the development of the Project. City shall accept and timely process, and may impose legally authorized conditions on, any such application, consistent with this Agreement, the Precise Plan and Applicable Rules. (d) Exactions. All further or subsequent approvals contemplated by this Agreement, or made in connection with the development of the Project hereunder, shall be processed in accordance with the Precise Plan, the Applicable Rules, and this Agreement. The Parties acknowledge that the provisions contained in this Section are intended to implement the intent of the Parties that the Developer shall have the right to develop the Project pursuant to specified and known criteria and rules. ( e) Assessments. Nothing herein shall be construed to relieve the Property from assessments or special taxes levied against it by City pursuant to any statutory procedure for the formation of assessment districts or community facilities districts or similar public financing mechanism to pay for public infrastructure and/or services which benefit the Property, provided such assessments or special taxes are levied in a manner that does not discriminate against the ATTY/AGR/2008.013 9 022708