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<br /> 15 <br /> <br /> <br />ARTICLE 4 City Obligations <br />Section 4.1 Availability of Public Services. To the maximum extent permitted <br />by law and consistent with its authority under applicable enabling laws, City shall reserve and <br />allocate capacity and/or supply for sewer, water and any other utilities or services in an amount <br />sufficient to serve the Project. <br />Section 4.2 Developer’s Right to Rebuild. City agrees that Developer may <br />renovate or rebuild the Project Site within the Term of this Agreement should it become <br />necessary due to natural disaster, or changes in seismic requirements. Any such renovation or <br />rebuilding shall be subject to the square footage and height limitations vested by this <br />Agreement, and shall comply with the Project Approvals, any Subsequent Approvals, the <br />building codes existing at the time of such rebuilding or reconstruction (except as otherwise <br />provided under state law), and the applicable requirements of CEQA. <br />Section 4.3 Processing Subsequent Approvals and Subsequent Entitlements. <br />“Subsequent Approvals” shall mean, collectively, those certain other land use approvals, <br />entitlements, and permits other than the Project Approvals which are necessary for, and <br />consistent with, the development of the Project on the Project Site. The Subsequent Approvals <br />may include, without limitation, the following: amendments of the Project Approvals, lot line <br />adjustments and/or parcel maps or final subdivision maps, improvement agreements, grading <br />permits, building permits, encroachment permits, public access easements, sewer and water <br />connection permits, and certificates of occupancy. <br />Section 4.4 Regulation by Other Public Agencies. Other public agencies not <br />within the control of City may possess authority to regulate aspects of the development of the <br />Project Site separately from or jointly with City, and this Agreement does not limit the authority <br />of such other public agencies. In the event any state or federal resources agency (e.g., <br />California Department of Fish and Wildlife, U.S. Fish and Wildlife Service, U.S. Army Corps of <br />Engineers, Regional Water Quality Control Board/State Water Resources Control Board, Bay <br />Area Air Quality Management District), in connection with its final issuance of a permit or <br />certification for all or a portion of the Project, imposes requirements that require modifications to <br />the Project, then at Developer’s discretion, the Parties shall use their best efforts to incorporate <br />such changes into the Project; provided, however, that if Developer appeals or challenges any <br />such permit requirements, then the Parties may defer such changes until the completion of such <br />appeal or challenge. <br />Section 4.5 Other Government Permits. At Developer’s sole discretion and in <br />accordance with Developer’s construction schedule (also within Developer’s sole discretion), the <br />Parties acknowledge and agree that Developer will need to apply for such other permits and <br />approvals as may be required by other governmental or quasi-governmental entities in <br />connection with the development of, or the provision of services to, the Project. City shall use <br />reasonable efforts to assist Developer in obtaining such permits and approvals, including, at the <br />reasonable request of Developer, attending meetings with other governmental or quasi- <br />governmental entities, providing documents reasonably requested by other governmental or <br />quasi-governmental entities, and assisting Developer, at Developer’s sole cost and expense, in <br />implementing mitigation measures or other measures required by any such entity, and may, in <br />its sole discretion, from time to time at the request of Developer, enter into binding agreements <br />with any such entity as may be necessary to ensure the timely availability of such permits and <br />approvals. <br />Page 172 of 344