Expansion of Development Rights. If any Future Rule or State or Federal Law expands, extends, enlarges or broadens Developer’s rights to develop the Project, then, (a) if such law is mandatory, the provisions of this Development Agreement shall be modified as may be necessary to comply or conform with such new law, and (b) if such law is permissive, the provisions of this Development Agreement shall be modified, only upon the mutual agreement of Developer and City, as may be necessary to comply or conform with such new law. Immediately after enactment of any such new law, upon , the mutual agreement of Developer and City, the Parties shall meet and confer in good faith for a period not exceeding sixty (60) days (unless such period is extended by mutual written consent of the Parties) to prepare such modification. Developer shall have the right to challenge City’s refusal to apply any new law mandating expansion of Developer’s rights under this Development Agreement, and in the event such challenge is successful, this Development Agreement shall be modified to comply with, or conform to, the new law.
Expansion of Development Rights. If any Future Rule or State or Federal Law or plan or City plan, ordinance or regulation or Airport Land Use Plan expands, extends, enlarges or broadens Developer’s rights to develop the Project and/or all of the MSASP’s XXX Zone which is defined in Exhibit H, then, (a) Developer may seek the City’s approval of Developer’s new, expanded, enlarged or broadened rights to develop the Project and/or any additional acquired portions of the XXX Zone the Developer then owns or controls or that the City or other governmental entity owns and wishes the Developer to include, and the City shall exercise, subject to its reasonable discretion, allow such expansion, extension, enlargement of rights, taking into account the City’s goals expressed in Recitals F. and G. and subject to the City taking into account costs to the City and aesthetic concerns and other reasonable concerns of the City as to how such changes would comply with the City’s General Plan and the MSASP, and taking into account all health and safety considerations; provided however, that if a court of last resort deems that City must by law extend, enlarge or broaden developments rights or such rights or uses are given to or permitted to other similarly zoned or used properties in the MSASP, the City shall not withhold approval. In either case, the changes shall only be effective upon amendment of the Development Agreement in accordance with Article 6 below. Immediately after enactment of any such new law or ordinance, and upon City’s consent stated above, the Parties shall meet and confer in good faith for a period not exceeding sixty (60) days (unless such period is extended by mutual written consent of the Parties) to consider (and if agreed, to prepare) any modification to the Development Agreement as may be necessary to comply or conform with such new law or ordinance. Developer shall have the right to challenge City’s refusal to apply any new law mandating or allowing expansion of Developer’s rights under this Development Agreement, and in the event such challenge is successful, this Development Agreement shall be modified to comply with, or conform to, the new law.
Expansion of Development Rights. If any New City Laws or Changes in the Law expand, extend, enlarge, or broaden Developer’s rights to develop the Project, then, (a) if such law is mandatory, the provisions of this Agreement shall be modified as may be necessary to comply or conform with such new law, and (b) if such law is permissive, the provisions of this Agreement may be modified, upon the mutual agreement of Developer and City. Immediately after enactment of any such new law, upon Developer’s request, the Parties shall meet and confer in good faith for a period not exceeding sixty (60) days (unless such period is extended by mutual written consent of the Parties) to prepare such modification in the case of a mandatory law or to discuss whether to prepare a proposed modification in the case of a permissive law. Developer shall have the right to challenge City’s refusal to apply any new law mandating expansion of Developer’s rights under this Agreement, and in the event such challenge is successful, this Development Agreement shall be modified to comply with, or conform to, the new law.
Expansion of Development Rights. If any Subsequent Land Use Regulation or New State or Federal Law expands, extends, enlarges or broadens Developer’s rights to develop the Project, then, (a) if such law is mandatory, the provisions of this Agreement shall be modified as may be necessary to comply or conform with such new law, and (b) if such law is permissive, the provisions of this Agreement shall be modified, upon the mutual agreement of Developer and City, as may be necessary to comply or conform with such new law. Immediately after enactment of any such new law, upon Developer’s request, the Parties shall meet and confer in good faith for a period not exceeding sixty (60) days (unless such period is extended by mutual written consent of the Parties) to prepare such modification. Developer shall have the right to challenge City’s refusal to apply any new law mandating expansion of Developer’s rights under this Agreement, and in the event such challenge is successful, this Agreement shall be modified to comply with, or conform to, the new law. Changes due to U.S. Army or Cal State University at Monterey Bay Stormwater Requirements » . In the event that storm water requirements cause certain residential lots within the Project to be undevelopable, the residential units lost as a result thereof may be added into other multifamily areas of the Specific Plan after any environmental review as may be required pursuant to CEQA.
