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police power that cannot be or are not expressly so limited. This Agreement shall <br />be construed, contrary to its stated terms if necessary, to reserve to CITY all such <br />power and authority that cannot be or is not by this Agreement's express terms so <br />restricted. <br />3.4 Regulation by Other Public Agencies. It is acknowledged by the Parties that other public <br />agencies not within the control of CITY may possess authority to regulate aspects of the <br />development of the Property separately from or jointly with CITY and this Agreement does <br />not limit the authority of such other public agencies. <br />3.5 Timing of Development. Because the California Supreme Court held in Pardee <br />Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties <br />in that case to provide for the timing of development resulted in a later -adopted initiative <br />restricting the timing of development to prevail over the parties' agreement, it is the <br />specific intent of the Parties to provide for the timing of the Project in this Agreement. To <br />do so, the Parties acknowledge and provide that OWNER shall have the right, but not the <br />obligation, to complete the Project in such order, at such rate, at such times, and in as many <br />development phases and sub -phases as OWNER deems appropriate in its sole subjective <br />business judgment <br />3.6 Conditions, Covenants and Restrictions <br />3.6.1 OWNER shall have the ability to reserve and record such covenants, conditions, <br />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 <br />Agreement or the General Plan. Before recording any CC&Rs, OWNER shall <br />provide a copy of the CC&Rs to the CITY for review and approval by the City <br />Attorney, whose approval shall not be unreasonably withheld. <br />3.6.2 The City Attorney's review shall be limited to determining if the CC&Rs <br />substantially comply with this Agreement and Project's conditions of approval as <br />approved by the City Council and that the CC&Rs incorporate and reference the <br />following information regarding the approved development: <br />(a) The Parking Management Plan <br />(b) The Overcrowding Mitigation Implementation Plan <br />(c) The Property Maintenance Agreement <br />(d) The Project Conditions of Approval <br />3.6.3 Within thirty (30) days after receiving a copy of the proposed CC&Rs from <br />OWNER, the City Attorney shall provide OWNER with either (i) a statement that <br />the CC&Rs comply with this Agreement ("CC&R Approval") or (ii) written <br />comments identifying each aspect of the CC&Rs which the City Attorney believes <br />not to be in compliance with this Agreement (a "Statement of Non -Compliance"). <br />If the City Attorney fails to provide OWNER with either CC&R Approval or a <br />Statement of Non -Compliance within thirty (30) days following a written request <br />by OWNER, City shall be deemed to have denied the CC&Rs and OWNER may <br />55394.00002\31553187.13 <br />#21124v3 <br />11 A-28 <br />