Limitations, Reservations and Exceptions Clause Samples
The "Limitations, Reservations and Exceptions" clause defines the boundaries and conditions under which the main obligations or rights in an agreement may be restricted or qualified. This clause typically outlines specific scenarios where certain terms do not apply, such as legal restrictions, pre-existing rights, or regulatory requirements, and may list exceptions to the general rules established elsewhere in the contract. Its core practical function is to clarify the scope of the parties' commitments, prevent misunderstandings, and allocate risk by explicitly stating when and how the agreement's provisions may be limited or set aside.
Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following regulations shall apply to the development of the Property:
(a) Processing fees and charges of every kind and nature imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued.
(b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure.
(c) Regulations, policies and rules governing engineering and construction standards and specifications applicable to public and private improvements, including, without limitation, all uniform codes adopted by the City and any local amendments to those codes adopted by the CITY, including, without limitation, the CITY's Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Grading Ordinance.
(d) Regulations imposing Development Exactions; provided, however, that no such subsequently adopted Development Exaction shall be applicable to development of the Property unless such Development Exaction is applied uniformly to development, either throughout the CITY or within a defined area of benefit which includes the Property. No such subsequently adopted Development Exaction shall apply if its application to the Property would physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Development Plan. In the event any such subsequently adopted Development Exaction fulfills the same purposes, in whole or in part, as the fees set forth in Section 4 of this Agreement, CITY shall allow a credit against such subsequently adopted Development Exaction for the fees paid under Section 4 of this Agreement to the extent such fees fulfill the same purposes.
(e) Regulations that may be in material conflict with this Agreement but that are reasonably necessary to protect the residents of the project or the immediate community from a condition perilous to their health or safety. To the extent possible, any such regulations shall be applied and construed so as to provide OWNER with the rights and assurances provided under this Agreement.
(f) Regulations that are not in material conflict with this Agreement or the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Prope...
Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the CITY shall not be prevented from applying new rules, regulations and policies upon the OWNER, nor shall a development agreement prevent the CITY from denying or conditionally approving any subsequent development project application on the basis of such new rules, regulations and policies where the new rules, regulations and policies consist of the following:
(a) Processing fees by CITY to cover costs of processing applications for development approvals or for monitoring compliance with any development approvals;
(b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records and any other matter of procedure;
(c) Regulations, policies and rules governing engineering and construction standards and specifications applicable to public and private improvements, including all uniform codes adopted by the CITY and any local amendments to those codes adopted by the CITY; provided however that, OWNER shall have a vested right to develop the Property in accordance with, and to the extent of, the standards and specifications that are expressly identified in the Specific Plan;
(d) Regulations that may conflict with this Agreement and the Development Plan but that are reasonably necessary to protect the residents of the project and/or of the immediate community from a condition perilous to their health or safety;
(e) Regulations that do not conflict with those rules, regulations and policies set forth in this Agreement or the Development Plan;
(f) Regulations that may conflict but to which the OWNER consents.
Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following regulations shall apply to the development of the Property:
1. 1. Processing fees and charges of every kind and nature imposed by City to cover the estimated actual costs to City of processing applications for Development Approvals and Subsequent Approvals and for monitoring compliance with any such approvals granted or issued;
2. 2. Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure;
3. 3. Regulations, policies, and rules governing engineering and construction standards and specifications applicable to public and private improvements, including, without limitation, all uniform codes adopted by the City and any local amendments thereto including, without limitation the City'sCity’s building code, plumbing code, mechanical code, electrical code and any future City grading ordinance;
4. 4. Temporary regulations which may be enacted and may be in conflict with this Agreement, but which are objectively required, and for which there are no available reasonable alternatives, to protect the public health, safety and welfare in the event of a sudden, unexpected occurrence involving a clear and imminent danger, and demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public service within the immediate community. Such regulations must be a valid exercise of the City'sCity’s police power and must be applied and construed so as to provide the Landowner, to the maximum extent feasible and possible, with the rights and assurances provided in this Agreement. Any regulations, including moratoria, enacted by the City and imposed on the Property to protect the public health, safety and welfare in the circumstances described in this Section shall toll the Term, Option Term, and any other time periods for performance by ▇▇▇▇▇▇▇▇▇ and City, as set forth in this Agreement;
5. 5. As provided in Government Code Section 65869.5, this Agreement shall not preclude the application to the Property of changes in laws, regulations, plans, or policies to the extent that such changes are specifically mandated and required by changes in State or Federal laws or regulations. In the event changes in the law prevent or preclude compliance with one or more provisions of this Agreement, this Agreement shall be modified or suspended as may be...
Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Site:
(a) Processing fees and charges of every kind and nature imposed by the City to cover the estimated actual costs to City of processing applications for Subsequent Development Approvals to the extent such fees are assessed on a City-wide basis.
(b) Procedural regulations consistent with this Agreement relating to hearing bodies, petitions, applications, notices, findings, records, hearing, reports, recommendations, appeals and any other matter of procedure. Notwithstanding the foregoing, if such change materially changes Developer’s costs or otherwise materially impacts its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice.
(c) Changes adopted by the International Conference of Building Officials, or other similar body, as part of the then most current versions of the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Mechanical Code, or National Electrical Code, as adopted by City as Subsequent Land Use Regulations, if adopted prior to the issuance of a building permit for development of the digital display face on the New Digital Billboard on the Site. Notwithstanding the foregoing, if such change materially changes Developer’s costs or otherwise materially impacts its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice.
(d) Regulations that are not in conflict with the Development Approvals or this Agreement, and do not (1) reduce the size of the Project as permitted under the Land Use Regulations; (2) interfere with the operation of the New Digital Billboard as permitted under the Land Use Regulations; (3) change the land use designation or permitted or conditionally permitted use of the Site as described in the Land Use Regulations; (4) require the issuance of permits, approvals or entitlements by City other than those required under the Existing Land Use Regulations; or (5) materially limit the processing or procuring of applications and approvals of Subsequent Development Approvals.
(e) Regulations that are in conflict with the Development Approvals or this Agreement, provided Developer has given written consent to the application of such regulations to the Development of the Site.
(f) Applicable Federal, State, County, and multi-jurisdictional law and regulations which City is re...
Limitations, Reservations and Exceptions. Notwithstanding anything to the contrary set forth hereinabove, in addition to the Existing Land Use Regulations, only the following Future Land Use Regulations adopted by City after the Effective Date shall apply to and govern the use of the Quarry (“Reservation of Authority”):
Limitations, Reservations and Exceptions. Notwithstanding anything to the contrary set forth herein, in addition to the 2022 SEIR, the 2022 SEIR Mitigation Measures, the 2022 SEIR Project Design Features, this Agreement, the Existing Development Approvals and the Existing Land Use Regulations, and only the following Land Use Regulations adopted by City after the date this Agreement is approved by the City Council (“Reservation of Authority”) shall apply to and govern the Project and the Developer Property:
Limitations, Reservations and Exceptions. All City regulations and policies which are not explicitly vested in Section 3.9.2 may be subsequently adopted, amended, revised or modified by City in its sole discretion provided they are applicable to other similarly situated properties or developments within City or which are uniformly applied to all applicants. Development of the Project Area shall comply with any such subsequent development regulations and policies which are applicable to the Project Area. These subsequent development regulations include but are not limited to the following:
1. Fees, taxes and assessments also applicable to other similarly situated properties or developments within the City (including increases to such fees, taxes and assessments based on the CPI, ENR or other updating process authorized by City), including but not limited to Development Impact Fees.
2. Processing fees and charges usually and uniformly imposed by the City on applicants and projects to cover the estimated costs to the City of processing applications for Subsequent Project Approvals, monitoring compliance with any Project Approvals or Subsequent Project Approvals, and monitoring compliance with environmental mitigation measures.
3. Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure.
Limitations, Reservations and Exceptions. Notwithstanding any other provisions of this Agreement, the following subsequent land use regulations shall apply to the Permitted Sign:
(a) Generally applicable Processing Fees imposed by the City to cover the costs to the City of processing applications for the Permitted Sign Approval and any subsequent approvals or permits for the Permitted Sign.
(b) Procedural regulations applied on a City-wide, non-discriminatory basis relating to City entities required to review petitions or applications, forms of applications, notice requirements, information requested with petitions or applications, conduct of hearings, form of staff reports, nature and type of recommendations by City entities, appeal procedures, and any other similar matter of procedure.
(c) Regulations governing building codes and similar construction standards and specifications including, but not limited to, the Uniform Building Codes, as they may be changed from time to time; provided that the foregoing shall not obligate Owner to modify or alter the Permitted Sign provided that it is constructed in accordance with the applicable building codes in effect at the date of issuance of a building permit for the construction of the Permitted Sign pursuant to West Hollywood Municipal Code Title 13.
(d) Regulations that are necessary to protect the public health and safety which: (a) are based on genuine health, safety, and general welfare concerns (other than general growth management issues); or (b) arise out of a documented emergency situation declared by the President of the United States, Governor of California, or the Mayor or City Council of the City of West Hollywood.
(e) Regulations that are in conflict with the Permitted Sign Approval, provided Owner has given prior written consent to the application of such regulations to development of the Property (which consent may be withheld by Owner in its sole discretion).
(f) Regulations applied on a City-wide, non-discriminatory basis that do not prevent or adversely affect construction and use of the Permitted Sign.
Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following regulations shall apply to the development of the Property:
1. Processing fees and charges of every kind and nature imposed by City to cover the estimated actual costs to City of processing applications for Development Approvals and Subsequent Approvals and for monitoring compliance with any such approvals granted or issued;
2. Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure;
3. Regulations, policies, and rules governing engineering and construction standards and specifications applicable to public and private improvements, including, without limitation, all uniform codes adopted by the City and any local amendments thereto including, without limitation the City’s building code, plumbing code, mechanical code, electrical code and any future City grading ordinance;
Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the Development:
a. Processing fees and charges of every kind and nature imposed by City generally to cover the estimated actual costs to City of processing applications for Subsequent Development Approvals.
b. Procedural regulations consistent with this Agreement relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matters of procedure.
c. Changes adopted by the City Council in the California Building Code, California Residential Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, or California Electrical Code, California Green Building Standards Code, California International Property Maintenance Code, California Energy Code, California Historical Building Code, California Existing Building Code, Uniform Housing Code, California Administrative Code and Uniform Code for the Abatement of Dangerous Buildings and similar uniform codes as required by and in accordance with State law.
d. Rules, regulations and official policies governing permitted uses of the land, density, and design, improvement, and construction standards and specifications existing after the Effective Date that are not in conflict with the Development Approvals and this Agreement. A “conflict” shall exist if, among other things, a rule, regulation or policy is adopted which alters the rate, type, manner, density, timing or sequencing of the Development.
e. Rules, regulations and official policies governing permitted uses of the land, density, and design, improvement, and construction standards and specifications existing after the Effective Date that are in conflict with the Development Approvals, provided Developer has given written consent to the application of the rules, regulations and policies to the Development.
f. Federal, state, county and multi-jurisdictional laws and regulations that City is required to enforce as against the Property or the Development, whether or not the laws and regulations are in conflict with the Development Approvals.
g. Notwithstanding anything to the contrary in this Agreement, and subject to Section 5 below regarding fees, taxes, assessments and mitigation measures, City may apply City regulations (including amendments to the Land Use Regulations) adopted by City after the Effective Date, in connection with any Subseq...