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RecDoc 2013-166544 Conf
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RecDoc 2013-166544 Conf
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Last modified
12/10/2013 1:08:43 PM
Creation date
12/10/2013 1:05:20 PM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
DDA The Board of Trustees of Stanford University
Doc Num
2013-166544
Rec Date
12/10/2013
APN
054-141-220, 230, 180,; 054-1510-140, 150,160 more
Parties
The Board of Trustees
Ord Ref
2400
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2.5.1 Procedural regulations relating to hearing bodies, petitions, applications, notices, <br /> records, hearings, reports, recommendations, appeals and any other matter of procedure, <br /> provided such procedures are uniformly applied on a City-wide basis to all substantially similar <br /> types of Development Projects and properties. <br /> 2.5.2 Uniform codes governing construction standards and specifications, including <br /> City's building code, plumbing code, mechanical code, electrical code, fire code and grading <br /> code, and all other uniform construction codes then applicable in City at the time of permit <br /> application, including design and construction standards for road and storm drain facilities. <br /> 2.5.3 New City Laws which may be in conflict with this Agreement or the Project <br /> Approvals but which are necessary to protect persons ar property from dangerous or hazardous <br /> conditions which create a substantial and demonstrable threat to the public health or safety of <br /> residents or users of the Property and the affected surrounding region, based on findings by the <br /> City Council identifying the dangerous or hazardous conditions requiring such changes in the <br /> law, why there are no feasible alternatives to the imposition of such changes, and how such <br /> changes would alleviate the dangerous or hazardous condition ("Exempt City Laws"). <br /> 2.5.4 New City Laws applicable to the Property, which do not conflict with this <br /> Agreement or the Project Approvals. <br /> 2.6 Developer's Contest of A�licability of New City Laws. If Developer believes that the <br /> application by the City of a New City Law to the Project conflicts with the Existing Approvals or <br /> the terms of this Agreement and desires to contest such application, Developer shall give written <br /> notice to the City of the inconsistency in accordance with this Section 2.6. Developer's written <br /> notice shall inform the City of the factual and legal reasons why Developer believes the City <br /> cannot apply the New City Law to the Project consistent with the Existing Approvals and this <br /> Agreement. The City shall respond to Developer's notice within 45 days of receipt of such <br /> notice. Thereafter, the Parties shall meet and confer within 30 days of Developer's receipt of the <br /> City's response with the objective of attempting to arrive at a mutually acceptable solution to this <br /> disagreement. If the Parties cannot arrive at a mutually acceptable solution, and the City applies <br /> the New City Law to the Project, Developer shall be entitled to pursue the remedies described in <br /> Sections 5.2, 5.3 and 5.4 below. <br /> 2.7 New Other Laws. The City shall not be precluded from adopting and applying New City <br /> Laws to the Project, including in connection with issuance of any Project Approvals whether <br /> ministerial or discretionary, to the extent that such New City Laws are specifically required to be <br /> applied by State or Federal laws or regulations enacted after the Effective Date ("New Other <br /> Laws"), as provided in Government Code section 65869.5. In the event New Other Laws or <br /> Exempt City Laws (i) prevent or preclude compliance with one or more provisions of the Project <br /> Approvals or this Agreement, or (ii) have the effect of materially impeding or preventing <br /> development of the Project in accordance with the Project Approvals or this Agreement, or <br /> should Developer wish to contest application of such New Other Law or Exempt City Law to the <br /> Project or Property, Developer shall give written notice to the City of such issue. Developer's <br /> written notice shall explain how the application of New Other Laws or Exempt City Laws would <br /> affect Developer's rights under this Agreement. The City shall respond to Developer's notice <br /> within 45 days of receipt of such notice. Thereafter, the Parties shall meet and confer in good <br /> 17 <br /> ATTY/AGR/2013.134/STANFORD DEVELOPMENT AGREEMENT <br /> REV: 08-14-13 PT <br />
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