Laserfiche WebLink
5. 1.1 Cooperative Agreement for Off-Site Improvements. The QW11 <br />Coastal Rim and the City, together with other parties, have eeaetirre 4 y executed a Cooperative <br />Agreement for Off Site Improvements concurrently with the Original Agreement, a true and <br />correct copy of which is attached hereto as Exhibit D and incorporated herein by this reference. <br />Owner agrees to comply in all respects with its obligations under said Agreement, and agrees and <br />acknowledges that a material breach of said agreement shall constitute a material breach of this <br />Agreement. Despite anything to the contrary, Owner is not required to construct any off-site <br />improvements other than as expressly required in this Agreement, in any environmental <br />documentation related to this Project, or in any condition of approval in any discretionary action <br />related to this Project. <br />5.1.2 Remaining Offsite Mitigation Measures. The additional offsite <br />mitigation measures, beyond those set forth in the agreement referenced in section 5. 1.1 of this <br />Agreement, which must be constructed by Owner are as set forth in Exhibit E to this Agreement. <br />All finds or costs for offshe mitigation measures required pursuant to the approvals set forth in <br />section 2.4 of this Agreement shall be paid the earlier of (1) the time called for in the said <br />approvals, or (2) no later than recordation of the final subdivision map for the Project, or 3 <br />issuance of certificates of occupancy, whichever comes fast. <br />5.2 Exclusion from Existing Rules, Regulations and Policies. <br />Pursuant to Government Code Section 65866, and Pardee Construction Co. r. <br />City of Camarillo (1984) 37 Cal.3d 465, 208 Cal.Rptr. 228, 690 P.2d 701, City retains the right <br />to enact police power regulations on matters not covered by section 5.1 of this Agreement, <br />including without limitation: <br />a. Regulation of the rate and amount of growth is not abrogated by the City, <br />in that the parties agree and acknowledge that the City hereby retains the police power to provide <br />for change in regulations, ordinances, policies, and plans relating to moratoria, building permit <br />allocations, timing, and sequencing of development and the financing and provision of adequate <br />public facilities at the time of development. <br />b. Municipal laws and regulations which do not interfere with Owner's vested <br />rights to develop and use the Property in accordance with section 5.1 of this Agreement. As used <br />herein, "Existing Development Regulations" shall not include municipal laws and regulations that <br />do not conflict with Owner's vested rights to develop and use the Pronertv in accordance with this <br />Agreement. Owner and its successors and assigns and all persons and entities in occupation of any <br />portion of the 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 foregoing, <br />such non-conflicting laws and regulations include the following: <br />(1) Taxes, assessments, fees and charges, except as otherwise <br />specifically provided in this Development Agreement; <br />(2) Building, electrical, mechanical, fire and similar codes based upon <br />uniform codes incorporated by reference into the Santa Ana Municipal Code; <br />11A-16