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Approvals or this Agreement; (iii) impose conditions upon development of the Property other than
<br />as permitted by the Project Approvals, the Applicable City Regulations, Changes in the Law (as
<br />provided in Section 4.8), and this Agreement; (iv) limit the timing, phasing, or rate of development
<br />of the Property; (v) limit the location of building sites, grading, or other improvements on the
<br />Property in a manner that is inconsistent with or substantially more restrictive than the limitations
<br />included in the Project Approvals and this Agreement; (vi) limit or control the ability to obtain
<br />public utilities, services, or facilities (provided, however, nothing herein shall be deemed to exempt
<br />the Project or the Property from any water use rationing requirements that may be imposed on a
<br />City-wide basis from time to time in the future or be construed as a reservation of any existing
<br />sanitary sewer or potable water capacity); (vii) require the issuance of additional permits or
<br />discretionary approvals by City other than those required by Applicable City Regulations, the
<br />Project Approvals, and this Agreement; (viii) establish, enact, increase, or impose against the
<br />Project or the Property any special taxes or assessments other than those specifically permitted by
<br />this Agreement, including Section 5.2; (ix) apply to the Project any New City Laws that are not
<br />uniformly applied on a City-wide basis to all substantially similar types of development projects
<br />and project sites; (x) impose against the Project any condition or exaction, including and
<br />dedication, not specifically authorized by Applicable City Regulations, the Project Approvals or
<br />this Agreement; or (xi) limit the processing or procuring of applications and approvals of
<br />Subsequent Approvals.
<br />Section 4.2 Vested Rights of Developer. Developer shall have the vested right to
<br />develop the Property, the Project, the Affordable Site and the Affordable Housing Project in
<br />accordance with and subject to the terms and conditions of this Agreement, the Project Approvals,
<br />the Partial Assignment and Assumption Agreement, and the Applicable City Regulations, which
<br />shall control the permitted uses, density and intensity of use of the Property, and the maximum
<br />height and size of buildings on the Property.
<br />Section 4.3 Reservations of City Authority. Notwithstanding any other provision of this
<br />Agreement to the contrary, the following City regulations and provisions shall apply to the
<br />development of the Project:
<br /> A. Regulations relating to hearing bodies, petitions, applications,
<br />notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of
<br />procedure then applicable in City at the time the development permit application is deemed
<br />complete;
<br /> B. Regulations governing construction standards and specifications,
<br />including City’s building code, plumbing code, mechanical code, electrical code, fire code, and
<br />grading code, and all other uniform construction codes then applicable in City at the time the
<br />permit application is deemed complete;
<br /> C. New City Laws applicable to the Property or Project at the time the
<br />permit application is deemed complete, which do not conflict with the Project Approvals, any other
<br />provision of this Agreement, or Developer’s vested rights under Section 4.2;
<br />ATTY/ORD.0002/CC ORD APPROVING DEVELOPMENT AGREEMENT (901 EL CAMINO REAL) - EXHIBIT A
<br />REV: 04-23-25 VR
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