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Police power that cannot be or are not expressly so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such power and authority that cannot be or is not by this Agreement's express terms so restricted. 3.4 Regulation by Other Public A eacios. It is acknowledged by the Parties that other public agencies not within the control.. of CITY may possess authority to regulate aspects of tire, development of the Property separately from orjohntly with CITY and this Agreement does not limit the authority of such other public agencies. 3.5 Tinting of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal, 3d 465 (1984), that the failure of the parties in that case to provide for the tinting of development resulted in a later -adopted initiative restricting the timing of development to prevail over the parties' agreement, it is the specific intent of the Parties to provide for the timing of the Project in this Agreement. To do so, the Parties acknowledge and provide that OWNER shall have the right, but not the obligation, to complete the Project in such order, at such rate, at such times, and in as many development phases and sub -phases as OWNER deems appropriate in its sole subjective business judgmom 3.6 Conditions, Covenants and Restnetions 3A 1 OWNER shall have the ability to reserve and record such covenants, conditions, and restrictions (CC&Rs) against the Property as OWNER deems appropriate, in its sole and absolute discretion. Such CC&Rs may not conflict with this Agreement or the General Plan, Before recording any CC&Rs, OWNER shall provide a copy of the CC&Rs to the CITY for review and approval by the City Attomey, whose approval shall not be unreasonably withheld. 3.6.2 The City Attorney's review shall be limited to determining if the CC&Rs substantially comply with this Agreement and Project's conditions of approval as approved by the City Council and that the CC&Rs incorporate and reference the following information regarding ire approved development: (a) The Parking Management Plan (b) The Overcrowding Mitigation Implementation Plan (c) The Property Maintenance Agreement (d) The Project Conditions of Approval 3.6.3 Within thirty (30) days after receiving a copy of the proposed CC&Rs from OWNER, the City Attorney shall provide OWNER with either (i) a statement that the CC&Rs comply with this Agreement ("CC&R Approval") or (ii) written continents identifying each aspect of the CC&Rs which the City Attorney believes not to be in compliance with this Agreement (a "Statement of Non -Compliance"). If the City Attorney fails to provide OWNER with either CC&R Approval or a Statement of Non -Compliance within thirty (30) days following a written request by OWNER, City shall be deemed to have denied the CC&Rs and OWNER may 5539t0000213 t553187,13 9211240 Ordinance NS-2979 Page 23 of 69