Common use of Limitation on City's Future Discretion Clause in Contracts

Limitation on City's Future Discretion. By approving the Approvals, the City has made a policy decision that the Near-Term Projects are in the best interests of the City and promote the public health, safety and general welfare. Accordingly, the City in granting the Approvals and, as applicable, vesting the Project through this Agreement is limiting its future discretion with respect to the Near-Term Projects and Subsequent Approvals to the extent that they are consistent with the Approvals and this Agreement. For elements included in a request for a Subsequent Approval that have not been reviewed or considered by the applicable City Agency previously (including but not limited to additional details or plans for a proposed building), the City Agency shall exercise its discretion consistent with its customary practice but shall not deny issuance of a Subsequent Approval based upon items that are consistent with the Approvals and this Agreement. Consequently, the City shall not use its discretionary authority to change the policy decisions reflected by the Approvals and this Agreement or otherwise to prevent or to delay development of the Near-Term Projects as contemplated in the Approvals and this Agreement. Nothing in the foregoing shall impact or limit the City’s discretion with respect to: (i) proposed Subsequent Approvals that seek a Material Change to the Approvals, or (ii) Board of Supervisor approvals of subdivision maps, as required by law, not contemplated by the Approvals.

Limitation on City's Future Discretion. By approving the Approvals, the City has made a policy decision that the Near-Term Projects are in the best interests of the City and promote the public health, safety and general welfare. AccordinglyIn accordance with Section 4.3, the City in granting the Approvals and, as applicable, vesting the Project through this Agreement is limiting its future discretion with respect to the Near-Term Projects Project and Subsequent Approvals to the extent that they are consistent with the Approvals and this Agreement. For elements included in a request for a Subsequent Approval that have not been reviewed or considered by the applicable City Agency previously (including but not limited to additional details or plans for a proposed building), the City Agency shall exercise its discretion consistent with its the provisions of the 5M SUD and the other Approvals and otherwise in accordance with customary practice but practice. In no event shall not a City Agency deny issuance of a Subsequent Approval based upon items that are consistent with the Approvals and this Agreement. Consequently, the City shall not use its discretionary authority to change the policy decisions reflected by the Approvals and this Agreement or otherwise to prevent or to delay development of the Near-Term Projects Project as contemplated in the Approvals and this Agreement. Nothing in the foregoing shall impact or limit the City’s discretion with respect to: (i) proposed Subsequent Approvals that seek a Material Change to the Approvals, or (ii) Board of Supervisor approvals of subdivision maps, as required by lawLaw, not contemplated by the Approvals.

Limitation on City's Future Discretion. By approving the Approvals, the City has made a policy decision that the Near-Term Projects are in the best interests of the City and promote the public health, safety and general welfare. AccordinglyIn accordance with Section 4.3, the City in granting the Approvals and, as applicable, vesting the Project through this Agreement is limiting its future discretion with respect to the Near-Term Projects Project and Subsequent Approvals to the extent that they are consistent with the Approvals and this Agreement. For elements included in a request for a Subsequent Approval that have not been reviewed or considered by the applicable City Agency previously (including but not limited to additional details or plans for a proposed building), the City Agency shall exercise its discretion consistent with its the provisions of the 5M SUD and the other Approvals and otherwise in accordance with customary practice but practice. In no event shall not a City Agency deny issuance of a Subsequent Approval based upon items that are consistent with the Approvals and this Agreement. Consequently, the City shall not use its discretionary authority to change the policy decisions reflected by the Approvals and this Agreement or otherwise to prevent or to delay development of the Near-Term Projects Project as contemplated in the Approvals and this Agreement. Nothing in the foregoing shall impact or limit the City’s discretion with respect to: (i) proposed Subsequent Approvals that seek a Material Change to the Approvals, or (ii) Board of Supervisor approvals of subdivision maps, as required by law, not contemplated by the Approvals.