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754 <br />hereby further provided that the basis for the City's <br />development review shall, to the degree possible, be limited <br />to architectural design and compatibility with the standards <br />and specifications set forth in the Plan and the Existing <br />Development Regulations specified in Section 12 of this <br />Agreement. It is further agreed that the City shall in all, <br />events provide the reasons for disapproval in the event that <br />the City disapproves any building as proposed. <br />a. Utility Capacity. It is hereby agreed that the <br />City will not undertake any act or neglect to perform any act' <br />or duty which would impair or inhibit Developer's receipt of <br />water or sewer service subject only to the payment of fees <br />therefor by Developer. The City hereby represents that it <br />currently has sufficient water and sanitary sewage capacity <br />for the entire development of the Property. Nothing herein <br />shall be construed to limit the City's ability to impose <br />reasonable conditions on future discretionary approvals which <br />require Developer to install water and sewer lines and <br />appurtenances servicing the Property. <br />9. Assignment. Developer shall have the right to <br />sell, assign, or transfer all of its interest in the Property <br />along with all of its right, title and interest in and to <br />this Development Agreement to any person, firm or corporation . <br />at any time during the term of this Development Agreement <br />without the consent of the City. <br />10. Periodic Review of Compliance. In accordance <br />with Government Code Section 65865.1, the City Council shall <br />review this Development Agreement at least once each calendar <br />year hereafter. At such periodic reviews, Developer must <br />demonstrate its good faith compliance with the terms of this <br />Development Agreement. Developer agrees to furnish such <br />evidence of good faith compliance as the City, in the <br />reasonable exercise of its discretion and after reasonable <br />notice to Developer, may require. Developer shall be deemed <br />to be in good faith compliance with this Development <br />Agreement if the City is not entitled by the terms and <br />provisions of this Development Agreement to terminate this <br />Development Agreement. <br />11. Amendment or Cancellation. This Development <br />Agreement may be amended or cancelled in whole or in part <br />only by mutual consent of the parties and in the manner <br />provided in Government Code Sections 65868, 65867 and <br />65867.5. <br />12. Vesting of Development Rights. <br />(a) General Statemept. As a material <br />inducement to Developer and its lenders to continue with <br />diligent efforts to promote the development of the <br />OC11 \DEG \CAL- PANCAL- PAC.AD9 6 <br />