Common use of No Conflicting Enactments Clause in Contracts

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 affect the Project or the Project Site that has not been established under this Agreement, other than such mechanisms which would apply county-wide and not to the Project specifically.

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, City shall recognize, enact and apply to not impose on the Project Site (whether by action of the City Council or by initiative, referendum or other means) any ordinance, resolution resolution, rule, regulation, standard, directive, condition or other measure of any type which would have (each individually, a “City Law”) that is in conflict with Applicable Law, or the effect of invalidating Project Approvals, or otherwise limiting that reduces the vested development rights granted or assurances provided 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 with respect to the Project. By way of example and without Without limiting the foregoing general statementgenerality of the foregoing, and for all purposes pursuant such City Law may be allowed to this Agreement generallyaddress a significant public health or safety issue. Without limiting the generality of the foregoing, and this Section specifically, an ordinance, resolution or other measure, including an initiative any City Law shall be deemed to conflict with this Agreement Applicable Law, or the Project Approvals, or reduce the development rights provided hereby if the ordinance, resolution or other measure seeks to it would accomplish any one or more of the following results, either with by specific reference to the Project Site or as part of a general enactment that which applies to or affects the Project SiteProject. Approvals: (a) Limit a. Change any land use designation or reduce the density or intensity permitted use of the Project development Site existing 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 Effective Date of the Project within any phase of the Development allowed by the County Approvals and this Agreement; b. Limit or control the availability of public utilities, services or facilities or any privileges or rights to public utilities, services, or facilities (dfor example, water rights, water connections or sewage capacity rights, sewer connections, etc.) for the Project, unless such limitation is necessary to address significant health and safety issues; c. Limit or control the location of buildings, structures, grading grading, or other improvements relating to the development of the Project in a manner which that is inconsistent with or more restrictive than the Development Standards; (e) Limit limitations included in the processing of applications for, or procurement of Subsequent County Project Approvals; (f) Establishd. Limit or control the rate, enact timing, phasing or increase sequencing of the approval, development or construction of all or any part of the Project in any manner applicable inconsistent with the Project Approvals; e. Apply to the ProjectProject any City Law otherwise allowed by this Agreement that is not uniformly applied on a the citywide basis to all substantially similar types of development projects and project sites; f. Result in Developer having to substantially delay construction of the Project or require the issuance of additional permits or approvals by the City other than those required by the Project Approvals or Applicable Law; g. Substantially increase the cost of constructing or developing the Project or any portion thereof; h. Establish, enact, increase, or impose against the Project, Project or Project Site any fees, taxes (including, including without limitation, limitation general, special, special and excise taxes), assessments, liens or other financial monetary 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 CountyAgreement; (g) Initiatei. Impose against the Project any condition, support or establish any assessment district dedication or other public financing mechanism that would include or otherwise burden or affect exaction not specifically authorized by the Project Approvals or Applicable Law; x. Xxxxx any development right, entitlement or approval for any portion of the Property that will reduce, limit or encumber Developer’s rights hereunder, or k. Unreasonably limit the timing, processing or procuring of applications and approvals. If City attempts to apply to the Project a City Law that Developer believes to conflict with Applicable Law or the Project Site that has not been established Approvals, Developer shall provide to City in writing a notice describing the legal and factual basis for Developer’s position. The parties shall meet and confer within thirty (30) days after the date of such written notice with the objective of attempting to arrive at a mutually acceptable solution to this disagreement. If no mutually acceptable solution can be reached, either party may take such action as may be permitted under this AgreementSection 11.07, other than such mechanisms which would apply county-wide and not to the Project specificallybelow.

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, City shall recognize, enact and apply to not impose on the Project Site (whether by action of the City Council or by initiative, referendum or other means) any ordinance, resolution resolution, rule, regulation, standard, directive, condition or other measure of any type which would have (each individually, a “City Law”) that is in conflict with Applicable Law or this Agreement or that reduces the effect of invalidating development rights or otherwise limiting the vested rights granted assurances provided by this Agreement. Except as provided for in this Agreement and Without limiting the County Approvals no such action or enactment shall dictate any particular sequence, timing or phasing generality of the Project. By way of example and without limiting the foregoing general statementforegoing, and for all purposes pursuant to this Agreement generally, and this Section specifically, an ordinance, resolution or other measure, including an initiative any City Law shall be deemed to conflict with Applicable Law or this Agreement or reduce the development rights provided hereby if the ordinance, resolution or other measure seeks to it would accomplish any one or more of the following results, either with results by specific reference to the Project Site or Project, as part of a general enactment that which applies to or affects the Project SiteProject, by application of any City Law otherwise allowed by this Agreement that is not uniformly applied on a City-wide basis to all substantially similar types of development projects and project sites: (a) Limit Change any land use designation or reduce the density or intensity permitted use 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 buildingsSite; (b) Expand Limit or increase Developer’s obligations under control the Development Standards with respect availability of public utilities, services or facilities or any privileges or rights to public utilities, services, or facilities (for example, water rights, water connections or sewage capacity rights, sewer connections, etc. or, for further example, the provision enactment of streetsa City-wide Utility Users Tax shall not be deemed a limitation or control of public utilities, roadwaysservice, and/or any other public or private improvements or structuresfacilities) for the Project; (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 grading, or other improvements relating to the development of the Project in a manner which that is inconsistent with or more restrictive than the Development Standardslimitations included in the Project Approvals or the Subsequent Approvals (as and when they are issued); (d) Limit or control the rate, timing, phasing or sequencing of the approval, development or construction of all or any part of the Project in any manner; (e) Limit Result in Developer having to substantially delay construction of the processing Project or require the issuance of applications for, additional permits or procurement of Subsequent County Approvalsapprovals by the City other than those required by Applicable Law; (f) Substantially increase the cost of constructing or developing the Project or any portion thereof; (g) Establish, enact or increase in any manner applicable to the Projectenact, increase, or impose against the Project, Project or Project Site any fees, taxes (including, including without limitation, limitation general, special, special and excise taxestaxes with the express exception of a City-wide Utility Users Tax), assessments, liens or other financial monetary obligations (including generating demolition permit fees, encroachment permit and grading permit fees) other than those specifically permitted by this Agreement as increased from time to time in order to offset inflationary cost adjustments as determined or other connection fees imposed by Countythird party utilities; (gh) InitiateImpose against the Project any condition, support or establish any assessment district dedication or other public financing mechanism that would include exaction not specifically authorized by Applicable Law; or (i) Limit the processing or otherwise burden or affect the Project or the Project Site that has not been established under this Agreement, other than such mechanisms which would apply county-wide procuring of applications and not to the Project specificallyapprovals of Subsequent Approvals.

No Conflicting Enactments. Other than Unless ordered by a referendum overturning this Agreement initiated and passed by the voters court of Humboldt Countylaw, neither County, nor any agency of County, shall recognize, enact and apply or to the extent provided by state law, or as otherwise allowed by this Agreement, the City shall not impose on the Project Site (whether by action of the Council, or other local legislative body, or by initiative, referendum or other means) any ordinance, resolution resolution, rule, regulation, standard, directive, condition or other measure of any type which would have (each, individually, a “City Law”) that is in conflict with Applicable Law (as defined in Section 2.3.1) or this Agreement, or that reduces the effect of invalidating development rights or otherwise limiting the vested rights granted assurances provided by this Agreement. Except The Parties acknowledge that the Development Agreement Statute provides that this Agreement shall not prevent the City, in subsequent actions applicable to the Project from applying new rules, regulations and policies which do not conflict with the Applicable Law or this Agreement. Without limiting the generality of the foregoing, and except as provided for otherwise in this Agreement and the County Approvals no such action or enactment shall dictate Agreement, 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 City Law shall be deemed to conflict with Applicable Law or this Agreement Agreement, or to reduce the development rights provided hereby, if the ordinance, resolution or other measure seeks to accomplish it would create any one or more of the following results, either with by specific reference to the Project Site or as part of a general enactment that which applies to or affects the Project SiteProject: (a) Limit Change any land use designation or permitted use on the Property allowed by the Entitlements or limit or reduce the density or intensity of the Project development as set forth in the Development Standards Project, or any part thereof, or otherwise require any reduction in the heighttotal number of residential dwelling units, number, size or the number or square footage of lots, structures, or proposed non-residential buildings;; or (b) Expand To the extent that public utilities are to be provided by the City under this Agreement, limit or increase Developer’s obligations under control the Development Standards with respect availability of public utilities, services or facilities or any privileges or rights to public utilities, services, or facilities (for example, water rights, water connections or sewage capacity rights, sewer connections, etc.) necessary to serve the provision Project except as allowed by Applicable Law (for example, to deny utility service for nonpayment of streets, roadways, and/or any other public or private improvements or structures;service charges); or (c) Limit or control the rate, timing, phasing or sequencing of the approval, development or construction of all or any part of the Project, including the processing of Implementing Approvals as defined in Section 2.4.6, in any manner the timing or phasing that could result in having to substantially delay construction of the construction/development any portion of the Project within any phase or require the issuance of the Development allowed additional permits or approvals by the County Approvals and City other than those required by Applicable Law or this Agreement;; or (d) Limit or control the location of buildings, structures, grading grading, or other improvements relating to the development of the Project in a manner which that is inconsistent with or more restrictive than the Development Standards;Implementing Approvals as defined in Section 2.4.6 of this Agreement (as and when they are issued); or (e) Limit Apply to the processing Project any City Law otherwise allowed by this Agreement that is not uniformly applied on a City-wide basis to all substantially similar types of applications fordevelopment or impose against the Project any condition, dedication or procurement of Subsequent County Approvals;other exaction not specifically authorized by Applicable Law; or (f) EstablishExcluding any matter that has City-wide application, enact or and that is not otherwise addressed by the terms of this Agreement, establish, enact, increase in any manner applicable to the Project, or impose against the Project, Project any fees, taxes (including, without limitation, general, special, and excise taxes), assessments, liens or other financial monetary obligations other than those specifically permitted by this Agreement, and any adjustments thereto as provided under Section 2.5.1 and 2.5.2 of this Agreement as increased from time to time in order to offset inflationary cost adjustments as determined by County; (g) Initiateor otherwise under the terms of those fees, support or establish any assessment district assessments, liens, or other public financing mechanism that would include monetary obligations, or otherwise burden or affect the Project or the Project Site that has not been established under this Agreement, other than such mechanisms which would apply county-wide and not to the Project specificallyconnection fees imposed by third party utilities.

No Conflicting Enactments. Other than a referendum overturning this Agreement initiated Except as and passed to the extent required by state or federal law, and subject to the voters provisions of Humboldt CountySection 2.7 and Section 2.15.2(a), neither Countyor unless the Developer consents, nor any agency of County, the County shall recognize, enact and not apply to the Project Site any ordinance, resolution resolution, rule, regulation, standard, directive, condition or other measure of any type which would have (each individually, a "County Law") that is in conflict with the effect of invalidating Applicable Law, this Agreement or otherwise limiting the Development Approvals or with the vested rights granted provided by this Agreement. Except as provided for in Without limiting the generality of the foregoing, any County Law enacted or adopted after the effective date of the ordinance approving this Agreement and the (also collectively, a "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 Law") shall be deemed to conflict with this Agreement or the vested rights provided hereby if the ordinance, resolution or other measure seeks to it would accomplish any one or more of the following results, either with by specific reference to the Project Site or as part of a general enactment that which applies to or affects the Project SiteProject: (a) Limit or reduce Reduce the density or intensity number of residential units permitted to be developed on 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 buildingsProperty to fewer than one thousand four hundred (1,400) residential units and seventy (70) second units; (b) Expand or increase Developer’s obligations under Materially reduce the Development Standards with respect square footage of commercial development permitted to be developed on the provision of streets, roadways, and/or any other public or private improvements or structuresProperty; (c) Limit Change any land use designation or control in any manner the timing or phasing permitted use of the construction/development of the Project within any phase of the Development allowed by the County Approvals and this AgreementProperty; (d) Materially reduce or restrict the availability of public utilities, services or facilities or any privileges or rights to public utilities, services or facilities (for example, water rights, water connections or sewage capacity rights, sewer connections, etc.) below levels needed for the Project; (e) Limit or control the location location, configuration or size of lots, buildings, structures, grading or other improvements relating to the development of the Project in a manner which that is inconsistent with or more restrictive than the limitations included in the Development Standards; (e) Limit the processing of applications for, Approvals or procurement of Subsequent County Approvalsthis Agreement; (f) EstablishLimit or control the rate, enact timing, phasing or increase sequencing of the approval, development or construction of all or any part of the Project in any manner applicable to manner, except as set forth in this Agreement, the Project, Development Approvals 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 CountyDDA; (g) Initiate, support Require the issuance of additional permits or establish any assessment district or other public financing mechanism that would include or otherwise burden or affect approvals by the Project or the Project Site that has not been established under this Agreement, County other than such mechanisms which would apply county-wide and not to those required by Applicable Law; (h) Vary the Project specificallymix of development project from that described in the Development Approvals.