City of Camarillo. 37 Cal.3d 465 (1984), the California Supreme Court ruled that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development and controlling the parties' agreement. It is the intent of the Parties to avoid such a result by acknowledging and providing for the timing of development of the Project in the manner set forth herein. The City acknowledges that such a right is consistent with the intent, purpose and understanding of the Parties to this Agreement, and that without such a right, Developer's development of the Project would be subject to the uncertainties sought to be avoided by the Development Agreement Statute, the Development Agreement Ordinance and this Agreement.
City of Camarillo. 37 Cal.3d 465 (1984) where a subsequent growth management program adopted by initiative prevailed over a prior land use agreement which did not expressly address the timing, phasing or sequencing of development.
City of Camarillo. (1984) 37 Cal. 3d 465, that the failure of the parties therein to consider and expressly provide for the timing of development resulted in a later- adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the Parties' intent to avoid that result by acknowledging that Owner shall have the right to develop the Property in such order and at such rate and at such times as Owner deems appropriate within the exercise of its subjective business judgment, and that the timing, rate or sequence of development and occupancy of the Project shall not be restricted or dictated by any means other than as specifically may be recognized in this Agreement.
City of Camarillo. OWNER: (If a legal entity such as a corporation, City Manager partnership, limited liability company, or trust, please print the entity’s name and name and title of signer above signature line and then sign. If individual, please print name of signer above signature line.) ATTEST: City Clerk APPROVED AS TO FORM BY: Xxx Xxxxx, Assistant City Attorney November 15, 2006 NOTARIES ON FOLLOWING PAGE c: Public Works Department (2) Public Works Stormwater City GIS Dept. Owner EXHIBIT A (Legal Description) EXHIBIT B Project/BMP Location Map (Identify & show location of BMPs) EXHIBIT C Minimum Maintenance Requirements For Post-Construction Treatment Devices Maintenance logs will be required by the City of Camarillo in October of each year for all post-construction devices listed below. At a minimum, the maintenance log should include documentation identifying the device, its location, date of inspection, inspector’s name and signature, type and quantity of material(s) removed, disposal destination, and other maintenance performed. The California Stormwater BMP Handbooks referred to below can be obtained at xxx.xxxxxxxxxxxxxx.xxx and the Ventura County Technical Guidance Manual for Stormwater Quality Control Measures (TGM) can be obtained at xxx.xxxxxxxxxxxx.xxx. . If device does not apply, write N/A. Treatment Device Minimum Maintenance Requirements/Schedule Onsite trash enclosures constructed with solid roof that protects against stormwater entering refuse bins. Inspect yearly prior to October 1 for leaks. Remove solids, stains and/or residue from floor and walls of trash enclosure with dry methods when possible. If water must be used after sweeping/using absorbents, collect water and discharge through grease interceptor to the sewer (check with local Sanitation Department before discharging to sewer). Do not hose down area to a storm drain. Refer also to Calif. Stormwater Municipal BMP Handbook – SC-34. Onsite storm drains & catch basins All onsite catch basins to be inspected and cleaned at least twice a year. Once immediately prior to October 1 and once in January. Additional cleanings may be required if more than 40% full. Parking lots & sidewalks Sidewalks and parking lots to be swept regularly to prevent accumulation of litter and debris. Litter, debris and any cleaning agents will be trapped and collected and disposed of properly to prevent entry into storm drain system. Refer also to Calif. Stormwater Municipal BMP Handbook – SC-43 & SC-71. TCM-1 Detention ...
City of Camarillo. 37 Cal. 3d 465 (1984), that the failure of the parties in that case to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over the parties’ agreement, it is the specific intent of the Parties to provide for the timing of the Project in this Agreement. To do so, the Parties acknowledge and provide that Owner shall have the right, but not the obligation, to complete the Project in such order, at such rate, at such times, and in as many development phases and sub-phases as Owner deems appropriate in its sole subjective business judgment.
City of Camarillo. 37 Cal.3d 465 (1984), that the failure of the parties therein to provide forthe timing of development resulted in a later adopted initiative restricting the timing of development controlling the parties’ agreement, it is the intent of City and the Developer to hereby acknowledge and provide for the right of the Developer to develop the Project in such order and at such rate and times as the Developer deems appropriate within the exercise of its sole and subjective business judgment, subject to the terms, requirements and conditions of the Project Approvals and this Development Agreement. City acknowledges that such a right is consistent with the intent, purpose and understanding of the parties to this Development Agreement, and that without such a right, the Developer’s development of the Project would be subject to the uncertainties sought to be avoided by the Development Agreement Statute, (Government Code § 65864 et seq.), City Council Resolution 1986-77 and this Development Agreement. The Developer will use its best efforts, in accordance with their business judgment and taking into consideration market conditions and other economic factors influencing the Developer’s business decision, to commence or to continue development, and to develop the Project in a regular, progressive and timely manner in accordance with the provisions and conditions of this Development Agreement and with the Project Approvals. Subject to applicable law relating to the vesting provisions of development agreements, Developer and City intend that except as otherwise provided herein, this Agreement shall, upon its effectuation, vest the Project Approvals against subsequent City resolutions, ordinances, growth control measures and initiatives or referenda, other than a referendum that specifically overturns City's approval of the Project Approvals, that would directly or indirectly limit the rate, timing or sequencing of development, or would prevent or conflict with the land use designations, permitted or conditionally permitted uses on the Property, design requirements, density and intensity of uses as set forth in the Project Approvals, and that any such resolution, ordinance, initiative or referendum shall not apply to the Project Approvals and the Project. Developer and City acknowledge, however, that the General Plan Amendment # will not take effect until such time as there is an affirmative vote of the electorate pursuant to Chapter 41 of the Davis Municipal Code, the Citi...
City of Camarillo. (1984) 37 Cal.3d 465, that the failure of the parties therein to provide for the timing of Development resulted in a later adopted initiative restricting the timing of Development to prevail over such parties' agreement, the Parties' intend to cure that deficiency by acknowledging and providing that Developer shall have the right to develop the Property in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment, and shall not be subject to any after-enacted initiative measures, ordinances or policies which purport to regulate or limit the rate, timing or sequencing of any Development permits necessary for the Project.
City of Camarillo. (1984) 37 Cal.3d 465, where the failure of the parties therein to consider and expressly provide for the timing of the development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement. The Parties therefore acknowledge that Land Owner shall have the right to develop the Project at such time as Land Owner deems appropriate in the exercise of its business judgment so long as such development is consistent with Applicable Law.
City of Camarillo. 37 Cal. 3d 465 (1984), that the failure of the parties therein to provide for the timing of development permitted a later adopted initiative restricting the timing of development and controlling the Parties’ agreement, Developer and the City do hereby acknowledge that Developer has the right to develop the Project in an order and at a rate and times as Developer deems appropriate within the exercise of its sole and subjective business judgment. The City acknowledges that this right is consistent with the intent, purpose and understanding of the Parties to this Agreement.
City of Camarillo. 37 Cal.3d 465 (1984), the California Supreme Court ruled that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development and controlling the parties’ agreement. It is the intent of the Parties to avoid such a result by acknowledging and providing for the timing of development of the Project in the manner set forth herein. Accordingly, the Parties agree that except for the construction phasing required by Section 3.2, the requirement to provide the Associated Community Benefits in accordance with this Agreement if Developer elects to Commence Construction and pursue to Completion a particular portion of the Project to which such Associated Community Benefit is tied, the Mitigation Measures and any express construction dates set forth in a Later Approval, (i) Developer shall have the right to develop the Project in such order and at such rate and at such times as Developer deems appropriate within the exercise of its sole and subjective business judgment, and (ii) such right is consistent with the intent, purpose and understanding of the Parties, and that without such right, Developer’s development of the Project would be subject to the uncertainties sought to be avoided by the Development Agreement Statute, Chapter 56 and this Agreement; provided, however, this Affordable Housing Plan requires that Phase 1 include affordable units built on-site, either by construction of Inclusionary Units or by 100% Affordable Units located on the Project Site. Notwithstanding the foregoing, the City retains authority to reject any Developer request for temporary or interim Public Improvements or deferral of the construction of the permanent Public Improvements and can require permanent Public Improvements with each Development Phase. Additionally, there are certain obligations under the Port Lease that allow for termination of the Port Lease if certain conditions are not met.
