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<br />transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other
<br />communication shall be effective or deemed to have been given three (3) days after it has been
<br />deposited in the United States mail, duly registered or certified, with postage prepaid, and
<br />addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or
<br />other communication shall be effective or deemed to have been given twenty-four (24) hours
<br />after the time set forth on the transmission report issued by the transmitting facsimile machine,
<br />addressed as set forth above. For purposes of calculating these time frames, weekends, federal,
<br />state, County, or city holidays shall be excluded..
<br />
<br />5. DEVELOPMENT OF THE PROPERTY.
<br />
<br />5.1 Existing Rules, Regulations and Policies. The rules, regulations and
<br />official policies governing the permitted use(s) of the Property, with respect to and only with
<br />respect to the permitted use(s), density, height, size of structures and intensity of use of the
<br />Property, and provisions for reservation or dedication of land for public purposes and any other
<br />exactions or mitigation measures applicable to the Project shall be those rules, regulations, and
<br />policies applicable to the Property as of the Effective Date, including those set forth in District
<br />Plan No. 79, as amended concurrently herewith.
<br />
<br />5.1.1 Phasing of the Project. The City agrees and acknowledges that the
<br />Project is to be constructed in one single phase.
<br />
<br />5.1.2. Non-application of Changes in Applicable Rules. Any change in, or
<br />addition to, the General Plan, zoning ordinance, subdivision ordinance, or building regulation
<br />adopted or becoming effective after the Effective Date, including, without limitation, any such
<br />change by means of ordinance, initiative, referendum, resolution, motion, policy, order or
<br />moratorium, initiated or instituted for any reason whatsoever, however denominated, and adopted
<br />by the City Council, Planning Commission or any City Agency, or by the electorate, as the case
<br />may be, which would, absent this Agreement, otherwise be applicable to the Project and which
<br />would conflict with the approvals granted to the Project as referenced in Section 2.4, shall not be
<br />applied to the Project, except as provided in Sections 5.2 through 5.7 of this Agreement.
<br />
<br />5.1.3 Offsite Mitigation Measures. The parties acknowledge and agree that
<br />the offsite mitigation measures which must be funded or constructed by Owner are as set forth in
<br />Exhibit D to this Agreement.
<br />
<br />5.1.4 Limit on Fast Food and Take Out Restaurants. At no time during the
<br />term of this Agreement shall the Project include retail space which is devoted to "fast food" and
<br />"take out" restaurants. For purposes of this Agreement, a restaurant shall not be deemed to be a
<br />"fast food" or "take out" restaurant ifit provides sit-down dining areas and primary table service
<br />for ordering and delivering meals and beverages, and take out service ancillary to such services.
<br />
<br />Ordinance NS-2700
<br />Page 120f41
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