Common use of Anti-Moratorium Clause in Contracts

Anti-Moratorium. The Parties agree that no moratorium or future ordinance, resolution or other land use rule or regulation imposing a limitation on the construction, rate, timing or sequencing of the development of property, including those that affect parcel or subdivision maps, building permits, occupancy permits or other entitlements to use or develop land that are issued or granted by City shall apply to the development of the Project or any portion thereof. Notwithstanding the foregoing, City may adopt ordinances, resolutions or, rules or regulations that are necessary to: (a) Comply with any state or federal laws or regulations as provided by Section 2.4, above; (b) Alleviate or otherwise contain a legitimate, bona fide harmful and/or noxious use of the Property, in which event the ordinance shall contain the most minimal and least intrusive alternative possible, and shall not, in any event, be imposed arbitrarily; or (c) Maintain City’s compliance with federal and state sewerage, storm water conveyance, storm water discharge, water system, and utility regulations.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

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Anti-Moratorium. The Parties agree that no moratorium or future ordinance, resolution or other land use rule or regulation imposing a limitation on the construction, rate, timing or sequencing of the development of property, property including those that affect parcel or subdivision maps, building permits, occupancy permits or other entitlements to use or develop land that are issued or granted by City shall apply to the development of the Project or any portion thereof. Notwithstanding the foregoing, City may adopt ordinances, resolutions or, or rules or regulations that are necessary to: (a) Comply with any state or federal laws or regulations as provided by Section 2.42.04, above; (b) Alleviate or otherwise contain a legitimate, bona fide harmful and/or noxious use of the Property, in which event the ordinance shall contain the most minimal and least intrusive alternative possible, and shall not, in any event, be imposed arbitrarily; or (c) Maintain City’s compliance with federal and state sewerage, storm water conveyance, storm water discharge, water system, and utility regulations.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Anti-Moratorium. The Parties agree that no moratorium or future ordinance, resolution or other land use rule or regulation imposing a limitation on the construction, rate, timing or sequencing of the development of property, including those that affect parcel or subdivision maps, building permits, occupancy permits or other entitlements to use or develop land that are issued or granted by City shall apply to the development of the Project or any portion thereof. Notwithstanding the foregoing, City may adopt ordinances, resolutions or, or rules or regulations that are necessary to: (a) Comply with any state or federal laws or regulations as provided by Section 2.4, above; (b) Alleviate or otherwise contain a legitimate, bona fide harmful and/or noxious use of the Property, in which event the ordinance shall contain the most minimal and least intrusive alternative possible, and shall not, in any event, be imposed arbitrarily; or (c) Maintain City’s compliance with federal and state sewerage, storm water conveyance, storm water discharge, water system, and utility regulations.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Anti-Moratorium. The Parties agree that no moratorium or future ordinance, resolution or other land use rule or regulation imposing a limitation on the construction, rate, timing or sequencing of the development of property, including those that affect parcel or subdivision maps, building permits, occupancy permits or other entitlements to use or develop land that are issued or granted by City shall apply to the development of the Project or any portion thereof. Notwithstanding the foregoing, City may adopt ordinances, resolutions orresolutions, rules or regulations that are necessary to: (a) Comply with any state or federal laws or regulations as provided by Section 2.4, above; (b) Alleviate or otherwise contain a legitimate, bona fide harmful and/or noxious use of the Property, in which event the ordinance shall contain the most minimal and least intrusive alternative possible, and shall not, in any event, be imposed arbitrarily; or (c) Maintain City’s compliance with federal and state sewerage, storm water conveyance, storm water discharge, water system, and utility regulations.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

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Anti-Moratorium. The Parties agree that no moratorium or future ordinance, resolution or other land use rule or regulation imposing a limitation on the construction, rate, timing or sequencing of the development of property, including those that affect parcel or subdivision maps, building permits, occupancy permits or other entitlements to use or develop land that are issued or granted by City shall apply to the development of the Project or any portion thereof. Notwithstanding the foregoing, City may adopt ordinances, resolutions or, or rules or regulations that are necessary to: (a) Comply with any state or federal laws or regulations as provided by Section 2.4, above; (b) Alleviate or otherwise contain a legitimate, bona fide harmful and/or noxious use of the Property, in which event the ordinance shall contain the most minimal and least intrusive alternative possible, and shall not, in any event, be imposed arbitrarily; or (c) Maintain City’s compliance with federal and state sewerage, storm water conveyance, storm water discharge, water system, and utility regulationsregulations and permits. The Parties acknowledge and agree that nothing contained in this Agreement constitutes in any way a reservation of sanitary sewer capacity.

Appears in 1 contract

Samples: Development Agreement

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