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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 1'i 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 terns 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 goverriing 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, riles, 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 />constriction, 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. 4, 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 from the vacated streets, relocate utilities and construct public drainage <br />