CITY’S DISCRETION; NON-WAIVER OF POLICE POWERS. It is anticipated that the City Council acting as Successor Agency and/or the City’s Planning Commission will be required to review and hold hearing(s) upon the Proposed Project’s necessary entitlements and environmental documentation. The parties understand that Successor Agency reserves the right to exercise its discretion as to all matters which Successor Agency is, by law, entitled or required to exercise, at its discretion and nothing in this Agreement shall be construed as having the effect of waiving or limiting police powers and exercise of discretion by Successor Agency and City. To this end:
CITY’S DISCRETION; NON-WAIVER OF POLICE POWERS. Regency and Association acknowledge that City is under no obligation to enter into any proposed Conveyance Instrument or other agreement, subject to City’s obligations to negotiate diligently and in good faith as set forth in this MOU, and that any actions taken or investments made by Regency and Association in anticipation of a proposed agreement prior to such agreement being considered and approved by the City Council and signed and delivered, are undertaken at each party’s sole risk and expense. Prior to the execution and delivery of an agreement by City, any reliance by Regency and Association on any representations or promises by City or City staff or consultants, or individual Council or Board members, is undertaken at each party’s sole risk and expense. City acknowledges that Regency and Association are under no obligation to enter into any proposed Conveyance Instrument or other agreement, subject to each party’s obligations to negotiate in this MOU, and that any actions taken or investments made by City in anticipation of a proposed agreement prior to such agreement being considered and approved by Regency and Association and signed and delivered, are undertaken at City’s sole risk and expense. Prior to the execution and delivery of an agreement by Regency and Association, any reliance by City on any representations or promises by Regency, Association, or each party’s staff or consultants, is undertaken at City’s sole risk and expense. It is anticipated that Signal Hill’s City Council and/or Planning Commission will be required to review and hold hearing(s) upon the Project’s necessary entitlements and environmental documentation. The parties understand that City is reserving the right to exercise its discretion as to all matters which City is, by law, entitled or required to exercise, at its discretion and nothing in this MOU shall be construed as having the effect of waiving or limiting City’s police powers and exercise of discretion. To this end:
