Common use of Limitations, Reservations and Exceptions Clause in Contracts

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 necessary to comply with such State or Federal laws or regulations. The Parties shall meet and confer in good faith in order to determine whether such provisions of this Agreement shall be modified or suspended as may be necessary to comply with the changes in the law, and the City, in consultation with the Landowner, shall determine such actions as may be reasonably required. It is the intent of the Parties that any such modification or suspension be limited to that which is necessary and to preserve to the greatest extent feasible and possible the original intent of the Parties in entering into this Agreement. This Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations. Nothing in this Agreement shall preclude the City or Landowner from contesting, by any available means, including, without limitation, administrative or judicial proceedings, the applicability of any such State or Federal laws or regulations to the Property; 6. 6. Regulations that impose, levy, alter or amend fees and charges, or Land Use Regulations relating to consumers or end users, including, without limitation, trash enclosure/bin placement, service charges and regulations on vehicle parking; and 7. 7. Regulations of other public agencies, including Development Impact Fees adopted or imposed by such other public agencies, collected by the City.

Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following regulations are not Existing Land Use Regulations, but shall apply to the development of the Property as they are established at the time of application, provided such regulations and/or fees (as applicable) are not designed in a manner such that they are applicable only to the Project and/or Property: 1. 1. (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 Project Approvals and Subsequent Approvals and or for monitoring compliance with any such approvals Project Approvals granted or issued;. 2. 2. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure;. 3. 3. (c) Regulations, policies, 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 to those codes adopted by the City, including, without limitation limitation, the City'sCityCity’s building codeBuilding Code, plumbing codePlumbing Code, mechanical codeMechanical Code, electrical code Electrical Code, and any future City grading ordinance;Grading Ordinance. 4. 4. Temporary regulations which may be enacted and may be (d) Regulations that are in material conflict with this Agreement, Agreement but which that are objectively required, and for which there are no available reasonable alternatives, reasonably necessary to protect the public health, safety and welfare in residents of the event of a sudden, unexpected occurrence involving a clear and imminent danger, and demanding immediate action to prevent Project or mitigate loss of, or damage to, life, health, property, or essential public service within the immediate communitycommunity from a condition perilous to their health or safety. Such To the extent possible, any such regulations must be a valid exercise of the City'sCity’s police power and must shall be applied and construed so as to provide the Landowner, to the maximum extent feasible and possible, Owner with the rights and assurances provided in under this Agreement. (e) Regulations that are not in material conflict with this Agreement or the Development Plan. Any regulationsregulation, including moratoriawhether adopted by initiative or otherwise, enacted by limiting the City and imposed on rate or timing of development of the Property shall be deemed to protect materially conflict with the public healthDevelopment Plan and shall therefore not be applicable to the development of the Property. (f) Regulations that are in material conflict with the Development Plan; provided Owner has given written consent to the application of such regulations to development of the Property. (g) Regulations that impose, 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 necessary to comply with such State or Federal laws or regulations. The Parties shall meet and confer in good faith in order to determine whether such provisions of this Agreement shall be modified or suspended as may be necessary to comply with the changes in the law, and the City, in consultation with the Landowner, shall determine such actions as may be reasonably required. It is the intent of the Parties that any such modification or suspension be limited to that which is necessary and to preserve to the greatest extent feasible and possible the original intent of the Parties in entering into this Agreement. This Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations. Nothing in this Agreement shall preclude the City or Landowner from contesting, by any available means, including, without limitation, administrative or judicial proceedings, the applicability of any such State or Federal laws or regulations to the Property; 6. 6. Regulations that impose, levy, alter or amend fees and chargesfees, or Land Use Regulations charges relating to consumers or end users, including, without limitation, trash enclosure/bin can placement, service charges and regulations limitations on vehicle parking; and. 7. 7. (h) Regulations of other public agencies, including Development Impact Fees adopted or imposed by such other public agencies, although collected by the City.

Limitations, Reservations and Exceptions. Notwithstanding any other provision provisions of this Agreement, the following subsequent land use regulations shall apply to the development of the PropertyPermitted Sign: 1. 1. (a) Generally applicable Processing fees and charges of every kind and nature Fees imposed by the City to cover the estimated actual costs to the City of processing applications any approvals or permits for Development Approvals and Subsequent Approvals and for monitoring compliance with the Permitted Sign, except the Application which the City acknowledges shall not have any such approvals granted or issued;further Processing Fees. AMENDED 2. 2. (b) Procedural regulations applied on a City-wide, non-discriminatory basis relating to hearing bodies, petitions, City entities required to review petitions or applications, noticesforms of applications, findingsnotice requirements, recordsinformation requested with petitions or applications, conduct of hearings, form of staff reports, recommendationsnature and type of recommendations by City entities, appeals appeal procedures, and any other similar matter of procedure;; provided that to the maximum extent possible, such regulations and matters of procedure shall be construed and applied in a manner to preserve to Seaview Palms the substantive benefits of this Agreement. 3. 3. Regulations, policies, (c) Regulations governing building codes and rules governing engineering and similar construction standards and specifications applicable to public and private improvements, including, without limitationbut not limited to, all uniform codes adopted by the City and any local amendments thereto includingUniform Building Codes, 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 as they may be enacted and may be changed from time to time; provided that the foregoing shall not obligate Seaview Palms to modify or alter the Permitted Sign provided that it is constructed in conflict accordance with this Agreement, but which the applicable building codes in effect at the date of issuance of a Building Permit for the construction of the Permitted Sign pursuant to WHMC Title 13. (d) Regulations that are objectively required, and for which there are no available reasonable alternatives, necessary to protect the public health, health and safety and welfare in the event which: (a) are based on genuine public health or safety concerns; or (b) arise out 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 documented emergency situation declared by the immediate community. Such regulations must be a valid exercise President of the City'sCity’s police power and must be applied and construed so as to provide United States, the LandownerGovernor of California, the Mayor of the City of West Hollywood or the City Council; provided that to the maximum extent feasible and possible, with such regulations shall be construed and applied in a manner to preserve to Seaview Palms 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 substantive benefits of this Agreement. (e) Regulations that are in conflict with the Permitted Sign Approval, this Agreement shall be modified or suspended as provided Seaview Palms has given prior written consent to the application of such regulations to development of the Property (which consent may be necessary to comply with such State given or Federal laws withheld by Seaview Palms in its sole discretion). (f) Regulations applied on a City-wide, non-discriminatory basis that do not prevent or regulations. The Parties shall meet adversely affect construction and confer in good faith in order to determine whether such provisions use of this Agreement shall be modified the Permitted Sign or suspended as may be necessary to comply otherwise materially interfere with the changes in the law, and the City, in consultation with the Landowner, shall determine such actions as may be reasonably required. It is the intent of the Parties that any such modification or suspension be limited to that which is necessary and to preserve to the greatest extent feasible and possible the original intent of the Parties in entering into substantive benefits conferred by this Agreement. This Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations. Nothing in this Agreement shall preclude the City or Landowner from contesting, by any available means, including, without limitation, administrative or judicial proceedings, the applicability of any such State or Federal laws or regulations to the Property; 6. 6. Regulations that impose, levy, alter or amend fees and charges, or Land Use Regulations relating to consumers or end users, including, without limitation, trash enclosure/bin placement, service charges and regulations on vehicle parking; and 7. 7. Regulations of other public agencies, including Development Impact Fees adopted or imposed by such other public agencies, collected by the City.

Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following regulations shall apply to the development of the Property: 14.4.1.1. 1Regulations adopted after the Effective Date that, if consistent with State and Constitutional law regarding vesting and property rights and with due process of law, are a compelling public necessity to protect health and safety. 4.4.1.2. 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 or for monitoring compliance with any such approvals Development Approvals granted or issued;. Notwithstanding anything else herein to the contrary, the actual costs and fees for all services provided by the City and its consultants, including legal counsel, for review, preparation and processing of this Agreement and the Development Approvals shall be paid by Owner. All such processing costs shall not be obligations of the City or any of its departments, and the City shall not be liable for any such costs from its general fund or any other fund. In addition, to the extent that City, on behalf of Owner, attempts to enter into binding agreements with other entities in order to assure the availability of certain permits and approvals or services necessary for development of the Project as described in this Agreement, Owner shall reimburse City for all costs and expenses incurred in connection with seeking and entering into any such agreements provided that the City gives Owner at least 5 business days’ advanced notice of any such agreement. Any fees, assessments or other amounts payable by City pursuant to any such agreements described herein shall be borne by Owner except where Owner has notified City in writing, prior to City entering into any such agreement, that it does not desire for City to execute said agreements. 2. 24.4.1.3. Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure;. 3. 34.4.1.4. Regulations, policies, 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 to those codes adopted by the City, including, without limitation limitation, the City'sCityCity’s building codeBuilding Code, plumbing codePlumbing Code, mechanical codeMechanical Code, electrical code Electrical Code, and any future Grading Ordinance. 4.4.1.5. 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 grading ordinance;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. 44.4.1.6. 4. Temporary regulations which may be enacted and Regulations that may be in material conflict with this Agreement, but which that are objectively required, and for which there are no available reasonable alternatives, reasonably necessary to protect the public health, safety and welfare in residents of the event of a sudden, unexpected occurrence involving a clear and imminent danger, and demanding immediate action to prevent Project or mitigate loss of, or damage to, life, health, property, or essential public service within the immediate communitycommunity from a condition perilous to their health or safety. Such To the extent possible, any such regulations must be a valid exercise of the City'sCity’s police power and must shall be applied and construed so as to provide the Landowner, to the maximum extent feasible and possible, Owner with the rights and assurances provided in under this Agreement. 4.4.1.7. Regulations that are not in material conflict with this Agreement or the Development Plan. Any regulationsregulation, including moratoriawhether adopted by initiative or otherwise, enacted by limiting the City and imposed on rate or timing of development of the Property shall be deemed to protect materially conflict with the public healthDevelopment Plan and shall therefore not be applicable to the development of the Property. 4.4.1.8. Regulations that are in material conflict with the Development Plan, 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 Owner has given written consent to 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 necessary to comply with such State or Federal laws or regulations. The Parties shall meet and confer in good faith in order to determine whether such provisions of this Agreement shall be modified or suspended as may be necessary to comply with the changes in the law, and the City, in consultation with the Landowner, shall determine such actions as may be reasonably required. It is the intent of the Parties that any such modification or suspension be limited to that which is necessary and to preserve to the greatest extent feasible and possible the original intent of the Parties in entering into this Agreement. This Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations. Nothing in this Agreement shall preclude the City or Landowner from contesting, by any available means, including, without limitation, administrative or judicial proceedings, the applicability of any such State or Federal laws or regulations to development of that Property in which the Property;Owner has a legal or equitable interest. 6. 64.4.1.9. Regulations that impose, levy, alter or amend fees and fees, charges, or Land Use Regulations relating to consumers or end users, including, without limitation, trash enclosure/bin can placement, service charges and regulations limitations on vehicle parking; and. 7. 74.4.1.10. Regulations of other public agencies, including Development Impact Fees adopted or imposed by such other public agencies, although collected by the City.