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BENTALL/WESTIMSTER 1-1989
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BENTALL/WESTIMSTER 1-1989
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Last modified
6/9/2014 11:31:08 AM
Creation date
3/7/2007 2:42:57 PM
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Contracts
Company Name
Bentall/Westimster Partners
Contract #
A-1989-086
Agency
Planning & Building
Council Approval Date
12/4/1989
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(b) Existing Rules to Govern. In accordance <br />with the terms of Government Code S 65866, the City and <br />Developer agree that the ordinances, rules, regulations <br />and official policies of the City (collectively, the <br />"Existing Development Regulations ") in effect as of the <br />date of this Development Agreement, governing the design, <br />density, permitted land uses, improvement, and <br />construction standards applicable to the Development shall <br />govern during the Term of this Development Agreement. For <br />ease of reference only, a copy of a portion of the <br />Existing Development Regulations is set forth in Exhibit D <br />attached hereto. Except as otherwise provided in this <br />Development Agreement, no amendment to, revision of, or <br />addition to any of the Existing Development Regulations <br />without Developer's written approval, whether adopted or <br />approved by the City Council or any office, board, <br />commission or other Agency of the City, or by the people <br />of the City through charter amendment or initiative <br />measure, shall be effective or enforceable by the City <br />with respect to the Development, its design, grading, <br />construction, remodeling, use or occupancy, schedule of <br />development. <br />(c) Definition of "Existing Development <br />Regulations ". As used herein, "Existing Development <br />Regulations" shall not include municipal laws and <br />regulations which do not conflict with Developer's vested <br />rights to develop and use the Property in accordance with <br />the Plan. Developer and its successors and assigns and <br />all persons and entities in occupation of any portion of <br />the Property shall comply with such non - conflicting laws <br />and regulations as may from time to time be enacted or <br />amended hereafter. Specifically, but without limitation <br />on the foregoing, such non - conflicting laws and <br />regulations include the following: <br />(i) Taxes, assessments, fees and charges; <br />(ii) Building, electrical, mechanical, fire <br />and similar codes based upon uniform codes <br />incorporated by reference into the Santa Ana <br />Municipal Code; <br />(iii) Laws, including zoning code <br />provisions, which regulate the manner in which <br />business activities may be conducted or which <br />prohibit any particular type of business activity on <br />a city -wide basis; and <br />(iv) Procedural rules. <br />(d) Subsequent "Slow /No Growth" Measures. <br />Consistent with (a) and (b), above, the City and Developer <br />OC22 \W50 \rkb \bent2. a9t 7 11/20/89 <br />
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