75D - PH - MATER DEI EXPANSION AND PARKING STRUCTURE

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015 in the City lot referenced in paragraph (b) of section 12 (when completed) second, other available off- street parking facilities third, and on-street parking last. Developer shall also use its best efforts to promote vehicle trip - reduction practices. Developer is exempt from other city requirements concerning parking management and trip reduction. 9. vesting of Development Rights. As a material inducement to Developer to continue with diligent efforts to promote the development of the Property, the City desires to cause all development rights which may be required to develop to completion the Property with the Development consistent with this Agreement, to be deemed vested in Developer for the benefit of the Property, as of the time specified in Section l of this Development Agreement, to the greatest extent permitted by law, and to be free of all discretionary rights of the City or any body or subsequent building moratorium, ordinances, rules, regulations, policies or restrictions on development which are inconsistent with this Development Agreement. Notwithstanding the foregoing, nothing set forth in this Development Agreement shall be deemed to require Developer to commence cr complete the Development. in accordance with the terms of Government Code Section 65866, ` the City and Developer agree that the general plan provisions, ordinances, rules, regulations and official policies of the City in effect as of the date of this Development Agreement governing the design, density, permitted land uses, improvement and construction standards applicable to the Development (collectively, the "Existing Development Regulations") shall govern during the term of this Development Agreement. The City shall not, in subsequent actions applicable to the Property or the Development, apply general plan provisions, ordinances, rules, regulations and policies which conflict with the Existing Development Regulations, except with the mutual consent in writing of the City's Planning Manager and the Developer. Except as otherwise provided in this Development Agreement, no amendment to or revision of, or addition to any of the Existing Development Regulations without the mutual consent in writing of the City's Planning Manager and the Develop- er, whether adopted or approved by the City Council or any office, board, commission or other agency of the City, or by the people of the City through charter amendment, referendum or initiative measure or other vote, shall be effective or enforceable by the City with respect to the Development, its design, grading, construction, remodeling, use or occupancy, schedule or develop- ment. Fl 75D -88