Reservations of Authority. Any other provision of this Agreement to the contrary notwithstanding, the Development of the Property shall be subject to subsequently adopted ordinances, resolutions (“Subsequent Land Use Regulations” or sometimes referred to as “Reservation of Authority”) on the following topics:
(i) Processing Fees imposed by the City to cover the estimated or actual costs to the City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued, which fees are charged to reimburse the City’s lawful expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlement are granted or conducted by the City.
(ii) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure.
(iii) Regulations governing engineering and construction standards and specifications including, any and all uniform codes adopted by the State of California and subsequently adopted by the City.
(iv) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect the public health and safety; provided, however, the following shall apply:
(a) That to the extent possible, such regulations shall be applied and construed so as to provide the Owner with the rights and assurances provided in this Agreement; and
(b) That such regulations apply uniformly to all new development projects of the same uses within the City.
(v) Regulations that do not conflict with the Development Plan. The term “do not conflict” means new rules, regulations, and policies which: (a) do not modify the Development Plan, including, without limitation, the permitted land uses, the density or intensity of use, the phasing or timing of Development of the Project, the maximum height and size of proposed buildings on the Property, provisions for Dedication of land for public purposes and Development Exactions, except as expressly permitted elsewhere in this Agreement, and standards for design, development and construction of the Project; (b) do not prevent Owner from obtaining any Subsequent Development Approvals, including, without limitation, all necessary approvals, permits, certificates, and the like, at such dates and under such circumstances as the Owner wo...
Reservations of Authority. Notwithstanding any other provision set forth in this Agreement to the contrary, the laws, rules, regulations, and official policies set forth in this Section 4.3 shall apply to and govern the Development of the Project on and with respect to the Property.
Reservations of Authority. Since acceptance by an employee of a position as an officer or director of an outside business concern may entail important legal and business risks to the Company and the individual involved, it is desirable that employees refrain from accepting such positions except where the propriety of their participation has been clearly established.
Reservations of Authority. Notwithstanding any other provision of this Agreement, and notwithstanding the provisions of Section 3.2, at the time Subsequent Approvals are applied for, the following regulations and provisions shall apply to those Subsequent Approvals:
3.5.1 Processing fees and processing charges of every kind and nature imposed by the City, including application, inspection, and monitoring fees, which are in force and effect within the jurisdiction of the City for the class of Subsequent Approvals being applied for.
3.5.2 All taxes, assessments, and use charges imposed by the City which are in force and effect within the jurisdiction of the City for a broadly based class of taxpayers, land, or Subsequent Approvals, as applicable, on which they are imposed; except that (a) Impact Fees shall be imposed as provided in Section 3.3, and (b) fees for affordable housing shall be imposed as provided in Section 3.12.2.
3.5.3 Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure, which are in force and effect within the jurisdiction of the City for the class of Subsequent Approvals being applied for.
3.5.4 Regulations governing construction standards and specifications including, without limitation, the California Building Standards Codes and local amendments thereto, city grading regulations, and all other uniform construction codes which are in force and effect within the jurisdiction of the City for the class of Subsequent Approvals being applied for.
Reservations of Authority. “Reservation of Authority” shall have the meaning set forth in Section 9.
Reservations of Authority. The Parties acknowledge and agree that City is restricted in its authority to limit its police power by contract. This Agreement shall be construed to reserve to City all such power and authority which cannot be restricted by contract. Notwithstanding any other provision of this Agreement to the contrary, the following regulations and provisions shall apply to the development of the Project:
4.2.1 Except as otherwise provided in Section 5.1, Processing Fees, Connection Fees and other fees of every kind and nature imposed by the City, and any increase or modification to those fees that are in force and effect at the time land use or development permits, approvals or entitlements are applied for or issued on any or all portions of the Project.
4.2.2 Regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure then applicable in City at the time of permit application.
4.2.3 Regulations governing construction standards and specifications, including City’s building code, plumbing code, mechanical code, electrical code, fire code and grading code, and all other uniform construction codes then applicable in City at the time of permit application.
4.2.4 New City Laws applicable to the Property or Project, which do not conflict with this Agreement.
4.2.5 New City Laws which may be in conflict with this Agreement but which are necessary to protect persons or property from dangerous or hazardous conditions which create a threat to the public health or safety or create a physical risk, based on findings by the City Council identifying the dangerous or hazardous conditions requiring such changes in the law, why there are no feasible alternatives to the imposition of such changes, and how such changes would alleviate the dangerous or hazardous condition.
4.2.6 Exactions required by this Agreement, the Existing Approvals or any Subsequent Project Approvals.
Reservations of Authority. Notwithstanding any other provision of this Agreement to the contrary, the following regulations and provisions shall apply to the development of the Project:
A. Regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure then applicable in City at the time of permit application.
B. Regulations governing construction standards and specifications, including City’s building code, plumbing code, mechanical code, electrical code, fire code, and grading code, and all other uniform construction codes then applicable in City at the time of permit application.
C. New City Laws applicable to the Property or Project, which do not conflict with the Project Approvals (including this Agreement), including Developer’s vested rights under Section 4.1, or the Applicable City Regulations.
D. New City Laws which may be in conflict with the Project Approvals (including this Agreement) but which are necessary to protect persons or property from dangerous or hazardous conditions which create a threat to the public health or safety or create a physical risk, based on findings by the City Council identifying the dangerous or hazardous conditions requiring such changes in the law, why there are no feasible alternatives to the imposition of such changes, and how such changes would alleviate the dangerous or hazardous condition.
Reservations of Authority. Notwithstanding any other provision of this Agreement, this Agreement shall not prohibit the City from amending and applying to the Development of the Property the following:
(i) Processing fees and charges of every kind and nature imposed by the City on projects similar to the Project and applied uniformly throughout the City to cover the estimated actual costs to the City of processing applications for the Entitlements or for monitoring compliance with the Entitlements granted or issued.
(ii) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure.
(iii) Regulations governing construction standards and specifications including, without limitation, the applicable Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Fire Code.
(iv) Regulations that may be in conflict with the Site Plan attached as Exhibit D, and referenced in section 7 of this Agreement, so long as such regulations are necessary to protect the public from a serious and immediate threat to health and safety. To the extent possible, any such regulations shall be applied and construed so as to provide Developer with the rights and assurances under this Agreement.
(v) Regulations that are not in conflict with the Site Plan attached as Exhibit D, and referenced in section 7 of this Agreement. Any regulation, whether adopted by initiative or otherwise, limiting the rate, timing and/or sequencing of the Development of the Property shall be deemed in conflict with the Site Plan attached as Exhibit D, and described in section 7 of this Agreement, and shall therefore not be applicable to the Development of the Property.
(vi) Regulations that are in conflict with the Site Plan attached as Exhibit D, and described in section 7 of this Agreement, provided Developer has given written consent to the application of such regulations to the Development of the Property.
Reservations of Authority. Notwithstanding any other provision of this Agreement to the contrary, the following regulations and provisions shall apply to the development of the Project:
A. Regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure then applicable in City at the time of permit application.
B. Regulations governing construction standards and specifications, including City’s building code, plumbing code, mechanical code, electrical code, fire code, and grading code, and all other uniform construction codes then applicable in City at the time of permit application.
C. New City Laws applicable to the Property or Project, which do not conflict with the Project Approvals or this Agreement, including Developer’s vested rights under Section 5.1.
D. New City Laws which may be in conflict with the Project Approvals or this Agreement but which are necessary to protect persons or property from dangerous or hazardous conditions which create a threat to the public health or safety or create a physical risk, based on findings by the City Council identifying the dangerous or hazardous conditions requiring such changes in the law, why there are no feasible alternatives to the imposition of such changes, and how such changes would alleviate the dangerous or hazardous condition.
Reservations of Authority. 3.6.1 Limitations, Reservations and Exceptions .................................................... 3.6.2 Subsequent Development Approvals ............................................................ 3.6.3 Modification or Suspension by State or Federal Law ................................... 3.6.4 Intent .............................................................................................................
