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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.
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