Common use of Changes in Applicable Rules; Future Rules Clause in Contracts

Changes in Applicable Rules; Future Rules. (a) Except as otherwise provided in this Section 3.4.2 or by California law, to the extent any changes in the Applicable Rules, or any provisions of future General Plans, Specific Plans, Zoning Ordinances or other rules, regulations, ordinances or policies (whether adopted by means of ordinance, initiative, referenda, resolution, policy, order, moratorium, or other means, adopted by the City Council, Planning Commission, or any other board, commission, agency, committee, or department of City, or any officer or employee thereof, or by the electorate) of City (collectively, “Future Rules”) are not materially in conflict with the Vested Elements, such Future Rules shall be applicable to the Project. For purposes of this Subsection, the phrase “materially in conflict” means Future Rules that would individually or in combination or over time change, limit, or deny the Project in such a way that would (i) materially alter the Vested Elements, or (ii) frustrate in a material way the intent or purpose of the Vested Elements in relation to the Project, or (iii) materially increase the cost of performance of, or materially preclude compliance with, any provision of the Vested Elements, or

Appears in 1 contract

Samples: Development Agreement

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Changes in Applicable Rules; Future Rules. (a) Except as otherwise provided in this Section 3.4.2 or by California law, to 3.4.2.1 To the extent any changes in the Applicable Rules, or any provisions of future General Plans, Specific Plans, Zoning Ordinances or other rules, regulations, ordinances or policies (whether adopted by means of ordinance, initiative, referenda, resolution, policy, order, moratorium, or other means, adopted by the City Council, Planning Commission, or any other board, commission, agency, committee, or department of City, or any officer or employee thereof, or by the electorate) of City (collectively, “Future Rules”) are not materially in conflict with the Vested Elements, such Future Rules shall be applicable to the Project. For purposes of this SubsectionSection 3.4.2.1, the phrase word materially in conflict” means Future Rules that would individually or in combination or over time change, limit, or deny the Project in such a way that would (i) materially alter the Vested Elements, or (ii) frustrate in a material more than insignificant way the intent or purpose of the Vested Elements in relation to the Project, or (iii) materially increase the cost of performance of, or materially preclude compliance with, any provision of the Vested Elements, or (iv) delay in a more than insignificant way development of the Project, or (v) limit or restrict the availability of public utilities, services, infrastructure of facilities (for example, but not by way of limitation, water rights, water connection or sewage capacity rights, sewer connections, etc.) to the Project, or

Appears in 1 contract

Samples: Development Agreement

Changes in Applicable Rules; Future Rules. (a) Except as otherwise provided in this Section 3.4.2 or by California law, to the extent any changes in the Applicable Rules, or any provisions of future General Plans, Specific Plans, Zoning Ordinances or other rules, regulations, ordinances or policies (whether adopted by means of ordinance, initiative, referenda, resolution, policy, order, moratorium, or other means, adopted by the City Council, Planning Commission, or any other board, commission, agency, committee, or department of City, or any officer or employee thereof, or by the electorate) of City (collectively, “Future Rules”) are not materially in conflict with the Vested Elements, such Future Rules shall be applicable to the Project. For purposes of this Subsection, the phrase “materially in conflict” means Future Rules that would individually or in combination or over time change, limit, or deny the Project in such a way that would (i) materially alter the Vested Elements, or (ii) frustrate in a material way the intent or purpose of the Vested Elements in relation to the Project, or (iii) materially increase the cost of performance of, or materially preclude compliance with, any provision of the Vested Elements, oror‌

Appears in 1 contract

Samples: Development Agreement

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Changes in Applicable Rules; Future Rules. (a) Except as otherwise provided in this Section 3.4.2 herein or by California law, to the extent any changes in the Applicable Rules, or any provisions of future General Plans, Specific Plans, Zoning Ordinances or other rules, regulations, ordinances or policies (whether adopted by means of ordinance, initiative, referenda, resolution, policy, order, moratorium, or other means, adopted by the City Council, Planning Commission, or any other board, commission, agency, committee, or department of City, or any officer or employee thereof, or by the electorate) of City (collectively, “Future Rules”) are not materially in conflict with the Vested Elements, such Future Rules shall be applicable to the Project. For purposes of this SubsectionSection 3.4.2(a), the phrase word materially in conflict” means Future Rules that would individually or in combination or over time change, limit, or deny the Project in such a way that would (i) materially alter the Vested Elements, or (ii) frustrate in a material way the intent or purpose of the Vested Elements in relation to the Project, or (iii) materially increase the cost of performance of, or materially preclude compliance with, any provision of the Vested Elements, or (iv) materially delay in a more than an insignificant way development of the Project, or (v) materially limit or restrict the availability of public utilities, services, infrastructure of facilities (for example, but not by way of limitation, water rights, water connection or sewage capacity rights, sewer connections, etc.) to the Project, or (vi) impose materially different limits or

Appears in 1 contract

Samples: Development Agreement

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