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75E - PH 2525 MAIN ST
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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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limitations on vehicle parking. <br />(i) Regulations of other public agencies, including Development Impact <br />Fees adopted or imposed by such other public agencies, although collected by CITY. <br />3.3.2 Subsequent Project Approvals. This Agreement shall not prevent <br />CITY, in acting on subsequent Project Approvals and to the same extent it would otherwise <br />be authorized to do so absent this Agreement, from applying subsequently adopted or <br />amended Land Use Regulations that do not materially conflict with this Agreement. <br />3.3.3 Modification or Suspension by State or Federal Law. In the event <br />that State, County or Federal laws or regulations, enacted after the Effective Date of this <br />Agreement, prevent or preclude compliance with one or more of the provisions of this <br />Agreement, such provisions of this Agreement shall be modified or suspended as may be <br />necessary to comply with such State or Federal laws or regulations; provided, however, that <br />this Agreement shall remain in full force and effect to the extent it is not inconsistent with <br />such laws or regulations and to tate extent such laws or regulations do not render such <br />remaining provisions impractical to enforce. <br />3.3.4 Intent. The parties acknowledge and agree that CITY is restricted <br />in its authority to limit certain aspects of its police power by contract and that the foregoing <br />limitations, reservations and exceptions are intended to reserve to CITY all of its police <br />power that cannot be or are not expressly so limited. This Agreement shall be construed, <br />contrary to its stated terms if necessary, to reserve to CITY all such power and authority <br />that cannot be or is not by this Agreement's express terms so restricted. <br />3.4 Reeulation by Other Public Agencies. It is acknowledged by the <br />parties that other public agencies not within the control of CITY may possess <br />authority to regulate aspects of the development of the Property separately from or <br />jointly with CITY and this Agreement does not limit the authority of such other <br />public agencies. <br />3.5 Tinning of Development. Because the California Supreme Court <br />held in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that <br />the failure of the parties in that case to provide for the tinting of development <br />resulted in a later -adopted initiative restricting the timing of development to prevail <br />over the parties' agreement, it is the specific intent of the Parties to provide for the <br />tinning of the Project in this Agreement. To do so, the Parties acknowledge and <br />provide that OWNER shall have the right, but not the obligation, to complete the <br />Project ht such order, at such rate, at such times, and in as many development <br />phases and sub -phases as Owner deems appropriate in its sole subjective business <br />judgment <br />3.6 Conditions. Covenants and Restrictions <br />3.6.1 OWNER shall have the ability to reserve and record such covenants, <br />conditions, and restrictions (CC&Rs) against the Property as OWNER deems appropriate, in <br />its sole and absolute discretion. Such CC&Rs may not conflict with this Agreement or the <br />General Plan. Before recording any CC&Rs, OWNER shall provide a copy of the CC&Rs <br />-11- <br />55394.0000201553197.10 <br />75E-137 <br />
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