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(b) any second plan review within 15 days after submission,and <br /> (c) any third plan review within 10 days after submission. <br /> 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 in effect at the time of application for Development <br /> Project Review Approvals,provided such regulations and/or fees(as applicable) are not <br /> designed in a manner such that they are 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 bearing bodies,petitions, applications, <br /> notices, findings,records,hearings,reports,recommendations, appeals and any other matter of <br /> procedure,provided that such procedural regulations do not conflict with the Project Approvals. <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 /> adopted 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 maximum extent possible,any such regulations <br /> shall be applied and construed so as to provide Owner with the rights and assurances provided <br /> under this Agreement. <br /> (e) Regulations that are not in material conflict with this Agreement or the <br /> Development Plan.For avoidance of doubt,any regulation,whether adopted by initiative or <br /> otherwise,limiting the rate or timing of development of the Property shall be deemed to <br /> materially conflict with the Development Plan and shall therefore not be applicable to the <br /> development of the Property. <br /> (f) 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 /> Ordinance No. NS-3087 <br /> Page 19 of 41 <br />