NS-2700 - Laserfiche WebLink

Home Browse Search

5.15 Point of Sale for Construction Materials. Owner acknowledges and agrees that Owner shall use good faith commercially reasonable efforts, at no additional cost or expense to Owner, to cause the "point of sale" for sales tax purposes for all purchases of building or construction materials for the Project, including all related goods and services, to be the City of Santa Ana. Notwithstanding the foregoing, City and Owner each acknowledge and agree that Owner shall have no obligation to cause the City of Santa Ana to be the "point of sale" for such purchase if doing so is likely to result in Owner's incurrence of material additional cost or expense that Owner would otherwise not have incurred. 5.2 Exclusion from Existing Rules, Regulations and Policies. Pursuant to Government Code Section 65866, and Pardee Construction Co. v. City of Camarillo (1984) 37 CaI.3d 465,208 CaI.Rptr. 228, 690 P.2d 701, the City retains the right to enact police power regulations on matters not covered by this Agreement, including without limitation the following ("Reserved Powers''): a. Municipal laws and regulations which, Owner hereby agrees and acknowledges, do not and shall not be interpreted to interfere with Owner's vested rights to develop and use the Property in accordance with this Agreement. Owner and its successors and assigns and all persons and entities in occupation of any portion of the Property shall comply with such non-conflicting laws and regulations as may from time to time be enacted or amended hereafter. Specifically, but without limitation on the foregoing, such non-conflicting laws and regulations include the following: (I) Existing taxes, assessments, fees and charges, except as otherwise specifically provided in this Agreement; (2) Building, electrical, mechanical, fire and similar codes based upon uniform codes incorporated by reference into the Santa Ana Municipal Code; (3) Laws, including zoning code provisions, which regulate the manner in which business activities may be conducted or which prohibit any particular type of business activity on a city-wide basis; and (4) Procedural rules of general City-wide application. b. No vested rights as to any requirements in this Section 5.2 either as to existing or future regulations, ordinances, policies, and plans are hereby conferred. 5.3 Design and Construction Standards and Specifications. The design and construction standards and specifications for all Project construction, shall be subject to applicable design standards and guidelines, including without limitation SD-79 and Chapter 41 of the Santa Ana Municipal Code, in effect at the time that any development approval shall be sought for the Project or any unit or structure contained within the Project. 5.4 Retention of Use of Property As Public Parking Lot. Owner agrees to retain the use of the Property as a public parking lot until it commences construction of the 9 Ordinance NS-2700 Page 13 of 41