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connection with Street Vacations, Lot Merger and /or Tract Map, Zoning Amendment
<br />Application and General Plan Amendment discussed in Sections 1 and 11 hereof, and (ii) any
<br />subsequent building moratoriums, ordinances, rules, regulations, policies or restrictions on
<br />development which are inconsistent with this Second Amendment. Notwithstanding the
<br />foregoing, nothing set forth in this Second Amendment shall be deemed to require Developer to
<br />commence or complete the Development.
<br />In accordance with the terms of Government Code Section 65866, City and Developer
<br />agree that the general plan provisions, ordinances, rules, regulations and official policies of City
<br />in effect as of the date of this Second Amendment governing the design, density, permitted land
<br />uses, improvement and construction standards applicable to the Development (collectively, the
<br />"Existing Development Regulations ") shall govern during the Term. City shall not, in
<br />subsequent actions applicable to the Property or the Development, apply general plan provisions,
<br />ordinances, rules, regulations and policies which conflict with the Existing Development
<br />Regulations, except with the mutual consent in writing of City's Planning Manager and
<br />Developer. Except as otherwise provided in this Second Amendment, no amendment to or
<br />revision of, or addition to any of the Existing Development Regulations without the mutual
<br />consent in writing of City's Planning Manager and Developer, whether adopted or approved by
<br />the City Council or any office, board, commission or other agency of City, or by the people of
<br />City through charter amendment, referendum or initiative measure or other vote, shall be
<br />effective or enforceable by City with respect to the Development, its design, grading,
<br />constnction, remodeling, use or occupancy, schedule or development.
<br />10. Environmental Compliance.
<br />The Environmental Impact Report for the Development is incorporated herein by
<br />reference as though fully set forth at length. City and Developer acknowledge that to the extent
<br />that said document identifies certain mitigation measures applicable to the Development,
<br />Developer agrees to implement the various mitigation measures recommended to be
<br />implemented by Developer pursuant to said document, provided that Developer proceeds with
<br />the Development and commences construction. City agrees to implement the various mitigation
<br />measures recommended to be implemented by City pursuant to said document, provided that
<br />Developer proceeds with the Development and commences construction.
<br />11. Street Vacations.
<br />Developer shall submit an application and City shall hold a public hearing to consider
<br />whether to adopt a resolution vacating City's right of way easements over Baker Street, Berkeley
<br />Street, Occidental Street and St. Andrew Place, to the extent they are included on or about
<br />Additional Parcel No. d, as shown in Exhibit 8 attached hereto and incorporated herein by this
<br />reference. Such resolution shall not be adopted prior to Developer having acquired title to all the
<br />parcels that collectively comprise Additional Parcel No. 4, and may include conditions which
<br />must be fulfilled prior to the vacation becoming effective, including, but not limited to,
<br />Developer compensating City for the fair market value of the street right of way to be vacated.
<br />If said vacation resolution is approved, Developer shall prepare plans for and remove
<br />street improvements frorn the vacated, streets, relocate utilities and construct public drainage
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