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ORDINANCE NO. NS-2106 , , 09G 9. Development Review. Nothing set forth herein shall impair or interfere with the right of the City to' require the processing of building permits as required by law and to conduct its development review of anyspeeific improvements proposed for the Development pursuant to the applicable provisions of Chapter 41 of the City's Municipal Code which are in effect as of the date hereof; provided, however, no such review shall authorize or permit the City to impose any condition and/or withhold approval to any proposed building the result of which would be inconsistent with any term or provision of this Development Agreement. 10. Utilitv Caoacitv. It is hereby agreed that the city will not undertake any act or neglect to perform any act or duty which would impair or inhibit Developer's receipt of water, storm drain or sanitary sewer service. The City hereby represents that it currently has sufficient water storm drain and sanitary sewage capacity for the entire development of the Property. 11. Vestinq of Development Riohts. (a) General statement. As a material inducement to Developer and its lenders to continue with diligent efforts to promote the development of the Property, the city desires to cause all development rights which may be required to develop to completion the Property with the Office Building and the Parking structure consistent with this Agreement, to be deemed vested in Developer for the benefit of the Property, as of the Effective Date of this Development Agreement, to the greatest extent permitted by law, and to be free of all discretionary rights of the City or any body or subsequent building moratorium, ordinances, rules, regulations, policies or restrictions on development which are inconsistent with this Development Agreement. Notwithstanding the foregoing, nothing set forth in this Development Agreement shall be deemed to require Developer to commence or complete the Development. (b) Existinq Rules to Govern. In accordance with the terms of Government Code Section 65866, the city and Developer agree that the general plan provisions, ordinances, rules, regulations and official policies of the city ,in effect as of the date of this Development Agreement governing the design, density, permitted land uses, improvement and construction standards applicable to the Development (collectively, the "Existing Development Regulations") shall govern during the Term of this Development Agreement. The city shall not, in subsequent actions applicable to the Property or the Development, apply general plan provisions, ordinances, rules, regulations and policies which conflict with the Existing Development Regulations, except with the mutual consent in writing of the City's Planning Manager and the Developer. Except as otherwise provided in this Development Agreement, no amendment to or revision of, or addition to any of the Existing Development Regulations without the mutual consent in 6