RecDoc 2013-166544 Conf - Laserfiche WebLink

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or repealing of, any of the foregoing. Except as otherwise expressly provided herein, the City shall not impose requirements or conditions upon Project development and construction that are inconsistent with the Existing Approvals and the terms and conditions of this Agreement. Further, except as expressly provided herein, the City shall not exercise discretion in determining whether or how to grant Subsequent Project Approvals in a manner that would prevent development of the Project for the uses and to the m�imum intensity of development set forth in the Existing Approvals. 2.10.1 Timely Submittals by Developer. It is the express intent of Developer and City to cooperate and diligently work to obtain all Subsequent Project Approvals. Developer will use its best efforts to provide to City in a prompt and diligent manner all documents, applications, plans and other materials required by City in processing the Subsequent Project Approvals. 2.10.2 Timely Processing bv City. City and Developer agree that Developer must be able to proceed efficiently with the development of the Property and that, accordingly, an efficient City review and land development and construction inspection process is necessary. Accordingly, the City agrees that upon submission by Developer of all appropriate applications and Processing Fees, City shall promptly and diligently, subject to Applicable Laws, commence and complete all steps necessary to act on Developer's currently pending applications for Subsequent Project Approvals, including: (i) upon the written request of the Developer, providing at Developer's sole cost and expense and subject to City's ability to obtain such services, additional staff and/or staff consultants for expedited planning and processing of each pending application; (ii) if legally required, promptly providing notice and holding public hearings; and (iii) promptly acting on any such pending application. 2.10.3 Life of Subsequent Project Approvals. The provisions of the Applicable City Regulations pertaining to the expiration of discretionary approvals shall apply to any Subsequent Project Approvals implementing the Project, except for subdivision approvals, including parcel maps, tentative and final subdivision maps. Once granted, subdivision approvals for the Project shall be in effect for the Term. If City modifies its construction standards for onsite and offsite utilities, street, and sidewalk infrastructure after City's approval of a tentative subdivision approval for the Project but prior to a final subdivision approval, Developer agrees to meet and confer with City in good faith to attempt to implement such modified construction standards to the extent it is feasible to do so. 2.11 Public Improvements/ Reservation and Dedication of Land for Public Purposes. Except as is specified or required by the Existing Approvals or as otherwise expressly permitted herein, the City shall not require Developer to reserve or dedicate any portion of the Property, or any other property in connection with the development, construction, use or operation of the Project, or any portion thereof. Further, except as is specified or required by the Existing Approvals or as otherwise expressly permitted herein, Developer shall not be required to construct public improvements or make financial contributions to City in lieu of constructing public improvements as part of the Project. 2.12 No Reservation of Sanitary Sewer or Potable Water Capacity. City has found the Project to be consistent with the General Plan which anticipates that there will be sufficient potable water and sanitary sewer capacity to serve future development contemplated by the General Plan, 19 ATTY/AGR/2013.134/STANFORD DEVELOPMENT AGREEMENT REV: 08-14-13 PT