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3.2.2. Notwithstanding the foregoing, the City does not guarantee that the timelines <br />above will be met, and failure to meet these timelines does not constitute a default. <br />3.2.3. To help ensure expedited review of its development approvals, Owner may elect <br />to pay for City to use a contract planner. City agrees to retain a contract planner to expedite <br />review, if Owner so elects. <br />3.3. Reservation of Rights. <br />3.3.1. Limitations. Reservations and Exceptions. Notwithstanding any other provision <br />of this Agreement, the following are not Existing Land Use Regulations, but shall apply to the <br />development of the Property as they are established at the time of application, provided such <br />regulations and/or fees (as applicable) are not designed in a manner such that they are <br />applicable only to the Project and/or Property: <br />(a) Processing fees and charges of every kind and nature imposed by City to <br />cover the actual costs to City of processing applications for Project Approvals or for monitoring <br />compliance with any Project Approvals granted or issued. <br />(b) Procedural regulations relating to hearing bodies, petitions, applications, <br />notices, findings, records, hearings, reports, recommendations, appeals and any other matter of <br />procedure. <br />(c) Regulations, policies and rules governing engineering and construction <br />standards and specifications applicable to public and private improvements, including, without <br />limitation, all uniform codes adopted by the City and any local amendments to those codes <br />adapted by the City, including, without limitation, the City's Building Code, Plumbing Code, <br />Mechanical Code, Electrical Code, and Grading Ordinance. <br />(d) Regulations that are in material conflict with this Agreement but that are <br />reasonably necessary to protect the residents of the Project or the immediate community from a <br />condition perilous to their health or safety. To the extent possible, any such regulations shall be <br />applied and construed so as to provide Owner with the rights and assurances provided under this <br />Agreement. <br />(e) Regulations that are not in material conflict with this Agreement or the <br />Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate <br />or timing of development of the Property shall be deemed to materially conflict with the <br />Development Plan and shall therefore not be applicable to the development of the Property. <br />(0 Regulations that are in material conflict with the Development Plan; <br />provided Owner has given written consent to the application of such regulations to development <br />of the Property. <br />(g) Regulations that impose, levy, alter or amend fees, or charges relating to <br />consumers or end users, including, without limitation, trash can placement, service charges and <br />limitations on vehicle parking. <br />(h) Regulations of other public agencies, including Development Impact <br />Fees adopted or imposed by such other public agencies, although collected by City. <br />HIPA <br />11 B-25 <br />