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water or sewer service subject only to the payment of fees <br />therefor by Developer. The City hereby represents that it <br />currently has sufficient water and sanitary sewage capacity <br />for the entire development of the Property. Nothing herein <br />shall be construed to limit the City's ability to impose <br />reasonable conditions on future discretionary approvals which <br />require Developer to install water and sewer lines and <br />appurtenances servicing the Property. <br /> <br /> 9. Assianment. Developer shall have the right to <br />sell, assign, or transfer all of its interest in the Property <br />along with all of its right, title and interest in and to <br />this Development Agreement to any person, firm or corporation <br />at any time during the term of this Development Agreement <br />without the consent of the city. <br /> <br /> 10. periodic Review of Compliance. In accordance <br />with Government Code Section 65865.1, the city Council shall <br />review this Development Agreement at least once each calendar <br />year hereafter. At such periodic reviews, Developer must <br />demonstrate its good faith compliance with the terms of this <br />Development Agreement. Developer agrees to furnish such <br />evidence of good faith compliance as the City, in the <br />reasonable exercise of its discretion and after reasonable <br />notice to Developer, may require. Developer shall be deemed <br />to be in good faith compliance with this Development <br />Agreement if the city is not entitled by the terms and <br />provisions of this Development Agreement to terminate this <br />Development Agreement. <br /> <br /> ll. Amendment or Cancellation. This Development <br />Agreement may be amended or cancelled in whole or in part <br />only by mutual consent of the parties and in the manner <br />provided in Government Code Sections 65868, 65867 and <br />65867.5. <br /> <br />12. Vestina of Development Riahts. <br /> <br /> (a) General Statement. As a material <br />inducement to Developer and its lenders to continue with <br />diligent efforts to promote the development of the <br />Property, the city desires to cause all development rights <br />which may be required to develop to completion the <br />Property with buildings and related improvements <br />consistent with the Plan, to be deemed vested in <br />developer, as of the date of this Development Agreement, <br />to the greatest extent permitted by law, and to be free of <br />all discretionary rights of the city or any body or agency <br />thereof, except as herein provided, to impose any <br />subsequent building moratoriums or restrictions on <br />development which are inconsistent with this Development <br />Agreement. <br /> <br />OCZZ\b~50\r kb\bent 2. ag t 6 11/:~0/89 <br /> <br /> <br />