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NS-2893
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Last modified
2/23/2016 3:30:38 PM
Creation date
2/23/2016 10:03:33 AM
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Template:
City Clerk
Doc Type
Ordinance
Doc #
NS-2893
Date
2/16/2016
Destruction Year
P
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order or moratorium, initiated or instituted for any reason <br />whatsoever, however denominated, and adopted by the <br />City Council, Planning Commission or any City Agency, or <br />by the electorate, as the case may be, which would, absent <br />this Development Agreement, otherwise be applicable to <br />the Project and which would conflict with the Applicable <br />Rules, shall not be applied to the Project unless such <br />changes represent an exercise of the City's Reserved <br />Powers or are otherwise expressly allowed by this <br />Development Agreement. In the event that state or federal <br />laws or regulations enacted after this Development <br />Agreement has been entered into, prevent or preclude <br />compliance with one or more provisions of this <br />Development Agreement, such provisions of this <br />Development Agreement shall be modified or suspended as <br />may be necessary to comply with such state or federal <br />laws or regulations. <br />5.1.3 Agreed Changes and Other Reserved Powers. This <br />Development Agreement shall not preclude application to <br />the Project of rules, regulations, ordinances and officially <br />adopted plans and policies In conflict with the Applicable <br />Rules where such additional rules, regulations, ordinances <br />and officially adopted plans and policies: (a) are mutually <br />agreed to in writing by Owner and the City, or (b) result from <br />the Reserved Powers. <br />5.1.4 Subsequent Development Approvals. The City shall <br />require Owner to obtain only those Subsequent <br />Development Approvals that are required by the Applicable <br />Rules or the Reserved Powers. City agrees that it shall <br />condition any Subsequent Development Approvals based <br />only on the Applicable Rules and /or Reserved Powers. <br />5.1.5 Moratoria. In the event an ordinance, resolution or other <br />measure is enacted, whether by action of the City, by <br />initiative, or otherwise, which relates to the rate, amount, <br />timing, sequencing, or phasing of the development or <br />construction of the Project on all or any part of the Property, <br />City agrees that, unless required by applicable state or <br />federal law, such ordinance, resolution or other measure <br />shall not apply to the Project, Property or this Development <br />Agreement, unless such changes are adopted pursuant to <br />the City's exercise of its Reserved Powers or other <br />applicable provision of this Development Agreement. <br />
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