No Conflicting Enactments. Other than a referendum overturning this Agreement initiated and passed by the voters of Humboldt County, neither County, nor any agency of County, shall recognize, enact and apply to the Project Site any ordinance, resolution or other measure of any type which would have the effect of invalidating or otherwise limiting the vested rights granted by this Agreement. Except as provided for in this Agreement and the County Approvals no such action or enactment shall dictate any particular sequence, timing or phasing of the Project. By way of example and without limiting the foregoing general statement, and for all purposes pursuant to this Agreement generally, and this Section specifically, an ordinance, resolution or other measure, including an initiative shall be deemed to conflict with this Agreement if the ordinance, resolution or other measure seeks to accomplish any one or more of the following results, either with specific reference to the Project Site or as part of a general enactment that applies to the Project Site:
(a) Limit or reduce the density or intensity of the Project development as set forth in the Development Standards or otherwise require any reduction in the height, number, size or square footage of lots, structures, or buildings;
(b) Expand or increase Developer’s obligations under the Development Standards with respect to the provision of streets, roadways, and/or any other public or private improvements or structures;
(c) Limit or control in any manner the timing or phasing of the construction/development of the Project within any phase of the Development allowed by the County Approvals and this Agreement;
(d) Limit the location of buildings, structures, grading or other improvements relating to the development of the Project in a manner which is inconsistent with or more restrictive than the Development Standards;
(e) Limit the processing of applications for, or procurement of Subsequent County Approvals;
(f) Establish, enact or increase in any manner applicable to the Project, or impose against the Project, any fees, taxes (including, without limitation, general, special, and excise taxes), assessments, liens or other financial obligations other than those specifically permitted by this Agreement as increased from time to time in order to offset inflationary cost adjustments as determined by County;
(g) Initiate, support or establish any assessment district or other public financing mechanism that would include or otherwise burden or ...
No Conflicting Enactments. The City may adopt new or modified rules, regulations, or official policies after the Effective Date and such new or modified rules, regulations, or official policies shall be included within City Applicable Law; provided, however, such new or modified rules, regulations, or official policies (whether adopted by action of the City Council or other body or personnel, by initiative, by referendum, or otherwise) shall be applicable to the Project, and/or to any development on the Subject Property, only to the extent that such application does not modify the Project, does not prevent or materially impede development of the Project, does not conflict with or materially impede development of any portion of the Subject Property pursuant to City Applicable Law, and does not conflict with this Development Agreement. Any new or modified rule, regulation or official policy shall be deemed to conflict with this Development Agreement if it seeks to accomplish any one or more of the following results, either with specific reference to the Project or to any development of the Subject Property, or as part of a general enactment that would otherwise apply to the Subject Property:
(a) Reduce the density or intensity of development allowed on the Subject Property under City Applicable Law;
(b) Change any land use designation or permitted use of the Subject Property as described in City Applicable Law; and
(c) Require, for any work necessary to develop the Project on the Subject Property, the issuance of permits, approvals or entitlements by the City other than those required by City Applicable Law. Notwithstanding the foregoing, the City shall not be precluded from applying any new or modified City rule, regulation, or official policy to the Project or the Subject Property where the new or modified rule, regulation, or official policy is: (i) specifically mandated by changes in state or federal laws or regulations adopted after the Effective Date as provided in Government Code section 65869.5; (ii) specifically mandated by a court of competent jurisdiction; (iii) part of a periodic change to the California Building Code or similar safety regulation and that is in effect at the time an application is submitted; or (iv) required as a result of facts, events, or circumstances presently unknown or unforeseeable that would otherwise have an immediate adverse risk on the health or safety of the surrounding community.
No Conflicting Enactments. Except as and to the extent required by state or federal law, and subject to the provisions of this Agreement and Sections 3.3, 3.5, 3.6, 3.8, and 3.12 below, the City shall not impose on the Property any plan, ordinance, resolution, rule, regulation, standard, policy, condition, or specification, including by initiative (each individually, a "City Law"), that has any of the following effects on the rights provided by Applicable Law:
3.2.1 Changes any land use designation or permitted use of the Property from that shown in Applicable Law;
3.2.2 Limits or controls the rate, timing, phasing or sequencing of the approval, development, or construction of all or any part of the Property except as set forth in Applicable Law; or
3.2.3 Limits or restricts any right specifically granted by the City Approvals, including but not limited to permitted uses and density and intensity of use and maximum height and size of buildings; or
3.2.4 Imposes any requirements for reservation or dedication of land for public purposes except as set forth in Applicable Law.
No Conflicting Enactments. By entering into this Development Agreement and relying thereupon, OWNER is obtaining vested rights to proceed with the Project in accordance with the terms and conditions of this Development Agreement, and in accordance with, and to the extent of, the Development Approvals. By entering into this Development Agreement and relying thereupon, CITY is securing certain public benefits which enhance the public health, safety and general welfare. CITY therefore agrees that except as provided in Section 23 of this Development Agreement, neither the City Council nor any other agency of CITY shall enact a rule, regulation, ordinance or other measure which relates to the rate, timing or sequencing of the Development or construction of all or any part of the Project and which is inconsistent or in conflict with this Development Agreement.
No Conflicting Enactments. Except as otherwise provided by this Agreement, neither the City Council nor any other agency of City shall enact a rule, regulation, ordinance, or other measure applicable to the Property that is inconsistent or conflicts with the terms of this Agreement.
No Conflicting Enactments. Except to the extent City reserves its discretion as expressly set forth in this Agreement, during the Term of this Agreement City shall not apply to the Project or the Property any ordinance, policy, rule, regulation, or other measure relating to Development of the Project that is enacted or becomes effective after the Effective Date to the extent it conflicts with this Agreement. This
No Conflicting Enactments. Notwithstanding any other provision of this Agreement, this Agreement precludes City (including the voters in the City), by subsequent action, from enacting or imposing any new city law (“New City Law”) that conflicts with Applicable Law. Without limitation of the foregoing, any New City Law, whether by specific reference to the development of the Property or as part of a general enactment that directly or indirectly applies to
(a) Limits or reduces the uses, square footage or FAR, height, site coverage, or density requirements which may be developed on the Property as set forth in the Project Plans.
(b) Limits utilities, services or related facilities or any privileges or rights to such utilities, services and facility for the Property.
(c) Limits or controls in any manner the growth or other rate, timing, subdivision, phasing, or sequencing of the approval or development of the Property, whether by moratorium, growth restriction, a mechanism by which development is tied to the availability of public services and/or facilities (for example, the presence of a specified traffic level or service or water or sewer availability) or otherwise.
(d) Applies to the Property any New City Law otherwise allowed by this Agreement that is not uniformly applied on a City-wide or an area-wide basis to all substantially similar developments and properties.
(e) Changes any land use designation vested by this Agreement on the Property without the consent of Owner.
(f) Requires the issuance of additional permits or approvals by City other than those required by Applicable Law.
(g) Establish, enacts, or increases in any manner applicable to the Property, whether directly by the City Council or by City-called or other City election, or imposes against the Property, any fees, taxes (including, without limitation, general, special and excise taxes), exactions, assessments, liens or other financial obligations other than (i) those specifically permitted by this Agreement or Applicable Law or (ii) any City-wide taxes, assessments or bond issuance.
(h) The above list of actions is not intended to be comprehensive, but is illustrative of the types of actions that would conflict with this Agreement. All City actions applying any New City Law to the development of the Property must be consistent with this Agreement.
(i) The project shall comply with the City’s Green Building Ordinance.
(j) The project will be subject to any future parcel tax measures passed in the City of Albany.
No Conflicting Enactments. Except as otherwise provided in this Agreement, City shall not impose on the Project (whether by action of the City Council or by initiative, referendum or other means) any New City Law that is in conflict with this Agreement or the Existing Approvals. Without limiting the generality of the foregoing, the City shall not (i) apply to the Property any change in land use designation or permitted use of the Property; (ii) limit or control the ability to obtain public utilities, services, or facilities; (iii) limit or control the uses; building setbacks, square footage, dimensions, floor plates, height; or location of buildings and structures; or spacing between buildings in a manner that is inconsistent with or more restrictive than the limitations included in the Existing Approvals or this Agreement; or (iv) limit or control the rate, timing, or sequencing of the approval, development or construction of all or any part of the Project or Existing Approvals, except as otherwise provided in this Agreement or the Existing Approvals.
No Conflicting Enactments. Except as provided for in the explicitly Reserved Powers under this Agreement, neither the City nor any agency of the City shall enact any specific or generally applicable ordinance, resolution or other measure that relates to the development or construction of the Project, including but not limited to any enactment affecting the intensity, design, use, timing, or sequencing of the development, construction or use of the Property, that is in conflict with the Collective Standards or this Agreement or the development rights associated therewith. November 7, 2017
No Conflicting Enactments. By entering into this Development Agreement and relying thereupon, OWNER is obtaining vested rights to proceed with the Project in accordance with the terms and conditions of this Development Agreement, and in accordance with, and to the extent of, the Development Approvals. OWNER shall have the vested right to develop the Property at the rate, timing, and sequencing that OWNER deems appropriate within the exercise of OWNER’s sole subjective business judgment. By entering into this Development Agreement and relying thereupon, CITY is securing certain public benefits which enhance the public health, safety, and general welfare. CITY therefore agrees that except as provided in Section 20 of this Development Agreement, neither the City Council nor any other agency of CITY shall enact a rule, regulation, ordinance, or other measure which relates to the rate, timing, or sequencing of the Development or construction of all or any part of the Project and which is inconsistent or in conflict with this Development Agreement.
