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75A - 301 EAST JEANETTE LANE
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03/02/2009
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75A - 301 EAST JEANETTE LANE
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Last modified
1/3/2012 4:23:09 PM
Creation date
2/24/2009 2:29:24 PM
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City Clerk
Doc Type
Agenda Packet
Item #
75A
Date
3/2/2009
Destruction Year
2014
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DRAFT <br />subsequent to the Effective Date of this First Amendment), shall not expire during the term of this <br />Development Agreement remains in effect. <br />(4) Notwithstanding subsections (2) or (3) hereof, if, at the end of the <br />original or any modified term, the Sky Lofts Property is in the process of being developed, the <br />term of this First Amendment shall be further extended until such construction in process is <br />completed, not to exceed an additional three years after expiration of the original or modified <br />term. <br />(5) The expiration of this First Amendment shall not terminate any land <br />use approvals approved concurrently with or subsequent to the approval of this First Amendment, <br />but shall merely end the period as to which such approvals are vested against subsequent changes <br />in applicable law pursuant to Section 5 of this First Amendment. <br />(6) Upon the expiration or termination of this First Amendment for any <br />reason, the City and Owner and its successors and assigns agree to cooperate and execute any <br />document reasonably requested by the other party to remove this First Amendment from the <br />public records as to the property or any applicable portion thereof. <br />DEVELOPMENT OF THE PROPERTY. <br />5.1 Existing Rules, Regulations and Policies. The rules, regulations and <br />official policies governing the permitted use(s) of the Sky Lofts Property, with respect to and only <br />with respect to the permitted use(s), density, height, size of structures and intensity of use of the <br />Sky Lofts Property, and provisions for reservation or dedication of land for public purposes and <br />any other exactions or mitigation measures applicable to the Sky Lofts Project shall be those <br />rules, regulations, and policies applicable to the Sky Lofts Property as of the Effective Date, <br />including those set forth in SD-59, as amended concurrently herewith. <br />5.1.1 Exclusion from Existing Rules, Regulations and Policies. <br />Pursuant to Government Code Section 65866, and Pardee Construction Co. v. <br />City of Camarillo (1984) 37 Cal.3d 465, 208 Ca1.Rptr. 228, 690 P.2d 701, the City retains the <br />right to enact police power regulations on matters not covered by this First Amendment <br />("Reserved Powers"), including without limitation: <br />(1) Municipal laws and regulations which do not interfere with Owner's vested <br />rights to develop and use the Sky Lofts Property in accordance with this First Amendment. <br />Owner and its successors and assigns and all persons and entities in occupation of any portion of <br />the Sky Lofts Property shall comply with such non-conflicting laws and regulations as may from <br />time to time be enacted or amended hereafter. Specifically, but without limitation on the <br />foregoing, such non-conflicting laws and regulations include the following: <br />75A-80 <br />
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