ORD 2307 - Laserfiche WebLink

Manager shall be appealable to the City Council by Developer. (The Initial Term and any Extended Term may be referred to collectively herein as the “Term.”) Section 1.5 Memorandum of Extension. If an extension of the Term is granted, City and Developer agree to execute, acknowledge, and record, in the Official Records of Alameda County, a memorandum evidencing approval of the same. Section 1.6 Expiration of the Term. Following the expiration of the Term, this Agreement shall be deemed terminated and of no further force or effect, subject to the provisions of Sections 6.2, 6.3 and 6.4; provided, however, such termination shall not affect any right, or duty arising from City approvals, including, without limitation, the Project Approvals. This Agreement shall terminate with respect to any for sale residential lot and such lot shall be released and no longer be subject to this Agreement, without the execution or recordation of any further document, when a certificate of occupancy has been issued for the building(s) on the lot. Section 1.7 Effect of Development Project Approvals Challenge. In the event that any of the Project Approvals are challenged through a judicial action that results in a writ of mandate or court order that requires the City to modify or rescind any of the Project Approvals, the effectiveness of this Agreement shall be suspended pending such modification or rescission. The City’s modification of the Project Approvals may necessitate that the Parties to this Agreement negotiate an amendment to this Agreement. The rescission of the Project Approvals shall result in this Agreement no longer being in force and effect. In the event that Ordinances _____ or _____ adopting the Development Plan filed as PUD-130 and this Agreement, respectively, are challenged by a referendum petition, and such petition qualifies for the ballot, the effectiveness of this Agreement shall be suspended pending the results of the election upon the ballot measure. If the voters do not reject either of Ordinances _____ and _____, then this Agreement shall no longer be suspended. If the voters reject Ordinances _____ or _____, then this Agreement shall no longer be in force and effect.] Pursuant to Section 2.5 below, the Term shall be extended for any period the effectiveness of the Agreement is suspended under this Section 1.7. ARTICLE 2 Standards, Laws and Procedures Governing the Project Section 2.1 Vested Right To Develop. Subject to annexation, Developer shall have a vested right to develop the Project at the Project Site in substantial conformance with the terms and conditions of the Project Approvals, the Subsequent Approvals (defined in Section 4.3 below) (as and when issued), the Applicable Law (defined in Section 2.3 below) and any amendments to the Subsequent Approvals or this Agreement as shall, from time to time, be approved pursuant to this Agreement, which shall control the permitted uses, density and intensity of use of the Property and the maximum height and size of buildings on the Project Site. Notwithstanding anything to the contrary in this Section 2.1, in the event of a judicial action that results in a writ of mandate or court order that requires the City to modify or rescind the Development Plan, Developer shall have no vested right to the Development Plan and the City shall retain discretion as to the manner it complies with such writ of mandate or court order, including reapproving, modifying, or denying approval of the Development Plan. Furthermore, in the event that Ordinance_____ adopting the Development Plan is challenged by a referendum petition, and such petition qualifies for the ballot, such vested right to develop the Project shall be suspended pending the results of the election upon the ballot measure. If the