Laserfiche WebLink
attached hereto as Exhibit D and incorporated herein by this reference. Owner agrees to comply <br />in all respects with its obligations under said Agreement, and agrees and acknowledges that a <br />material breach of said agreement shall constitute a material breach of this Agreement. Despite <br />anything to the contrary, Owner is not required to construct any off -site improvements other than <br />as expressly required in this Agreement, in any environmental documentation related to this <br />Project, or in any condition of approval in any discretionary action related to this Project. <br />5. 1.2 Remaining Olfsite 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 funds or costs for offsite mitigation measures required pursuant to the approvals set forth in <br />section 2.4 of this Agreement shall be pain the earlier of (1) the time called for in the said <br />approvals, or (2) hdi steer -(3) <br />issuance of certificates of occupancy, whichever comes first. <br />5.2 Exclusion from Existing Rules, Regulations and Policies. Pursuant to <br />Government Code Section 65866, and Pardee Construction Co. v. City of Camarillo (1984) 37 <br />Cal.3d 465, 208 Cal.Rptr. 228, 690 P.2d 701, City retains the right to enact police power <br />regulations on matters not covered by section 5.1 of this Agreement, including without <br />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 winch 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 con$ict with Owner's vested rights to develop and use the Property 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 taws 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, tees 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 Anna Municipal. Code; <br />(3) Laws, including zoning code provisions, which regulate the manner <br />in which business activities maybe conducted or which prohibit any particular type of <br />business activity on a city -wide basis; and <br />75A -41 <br />