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75E - PH 2525 MAIN ST
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02/05/2019
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75E - PH 2525 MAIN ST
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Last modified
2/1/2019 4:04:49 PM
Creation date
2/1/2019 3:58:07 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75E
Date
2/5/2019
Destruction Year
2024
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Regulations then in effect, as provided by this Agreement, including, but not limited <br />to, the Reservation of Rights. CITY shall accept for processing, review and action <br />all applications for subsequent Project Approvals, and such applications shall be <br />processed in the same manner and the CITY shall exercise its discretion, when <br />required or authorized to do so, to the same extent it would otherwise be entitled in <br />the absence of this Agreement. <br />3.3 Reservation of Rights. <br />3.3.1 Limitations. Reservations and Exceptions. Notwithstanding any other <br />provision of this Agreement, the following regulations shall apply to the development of the <br />Property: <br />(a) Processing fees and charges of every kind and nature imposed by CITY <br />to cover the actual costs to CITY of processing applications for Development Approvals or for <br />monitoring compliance with any Development Approvals granted or issued. <br />(b) Procedural regulations relating to hearing bodies, petitions, applications, <br />notices, findings, records, hearings, reports, recommendations, appeals and any other matter of <br />procedure. <br />(c) Regulations, policies and rules governing engineering and construction <br />standards and specifications applicable to public and private improvements, including, without limitation, <br />all uniform codes adopted by the City and any local amendments to those codes adopted by the CITY, <br />including, without limitation, the CITY's Building Code, Plumbing Code, Mechanical Code, Electrical <br />Code, and Grading Ordinance. <br />(d) Regulations imposing Development Exactions; provided, however, that <br />no such Development Exaction adopted after the Effective Date shall apply to development of the <br />Property under this Agreement unless agreed to by OWNER. In the event any such subsequently <br />adopted Development Exaction, agreed to by OWNER, fulfills the same purposes, in whole or in part, as <br />the fees set forth in Section 4 of this Agreement, CITY shall allow a credit against such subsequently <br />adopted Development Exaction for the fees paid under Section 4 of this Agreement to the extent such <br />fees fulfill the same purposes. <br />(e) Regulations that may be in material conflict with this Agreement but <br />that are reasonably necessary to protect the residents of the project or the immediate community from a <br />condition perilous to their health or safety. To the extent possible, any such regulations shall be applied <br />and construed so as to provide OWNER with the rights and assurances provided under this Agreement. <br />(f) Regulations that are not in material conflict with this Agreement or the <br />Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or <br />timing of development of the Property shall be deemed to materially conflict with the Development Plan <br />and shall therefore not be applicable to the development of the Property. <br />(g) Regulations that are in material conflict with the Development Plan; <br />provided OWNER has given written consent to the application of such regulations to development of that <br />Property in which the OWNER has a legal or equitable interest. <br />(h) Regulations that impose, levy, alter or amend fees, or charges relating to <br />consumers or end users, including, without limitation, trash can placement, service charges and <br />-10- <br />55394.00002%31553187.10 <br />10- <br />55394.0000?U1553187.10 <br />75E-136 <br />
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