Common use of Limitations, Reservations and Exceptions Clause in Contracts

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 required to enforce as against the Site and that do not have an exception for existing signs or legal nonconforming uses.

Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations regulations shall apply to the development Development of the SiteProject as and to the extent that such regulations apply generally to similar developments proposed or approved within the City of Arcadia: (a) Development Impact Fees, Processing fees Fees and charges of every kind Charges, which shall be levied and nature imposed charged based on the amount in effect at the time the payment required to be made 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 basisOwner. (b) Procedural regulations consistent with this Agreement relating to hearing bodies, petitions, applications, notices, findings, records, hearinghearings, reports, recommendations, appeals appeals, and any other matter of procedure. Notwithstanding ; provided such regulations do not unreasonably and materially interfere with the foregoing, if such change materially changes Developer’s costs or otherwise materially impacts its performance development rights granted to Owner hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice. (c) Changes Written regulations, policies, and rules approved by the City governing engineering and construction standards and specifications applicable to public and private improvements, including, without limitation, all uniform codes adopted by the International Conference of Building OfficialsCity and any local amendments to those codes adopted by the City, or other similar bodyincluding, as part of without limitation, the then most current versions of the Uniform City’s Building Code, Uniform Plumbing Code, Mechanical Code, Electrical Code, Fire Code, Uniform Plumbing and Grading 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 Written regulations approved by the City that may be in material conflict with this Agreement but that are not in conflict with reasonably necessary to protect the Development Approvals or this Agreement, and do not (1) reduce the size 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 permitted under the Land Use Regulations; (2) interfere to provide Owner with the operation of the New Digital Billboard as permitted rights and assurances provided 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 Approvalsthis Agreement. (e) Regulations Written regulations approved by the City that are not in material conflict with the Applicable Rules or the rights granted under Agreement. Without limiting the foregoing, any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of Development of the Property shall be deemed to materially conflict with the Applicable Rules and shall therefore not be applicable to the Development of the Project. (f) Written regulations approved by the City that are in material conflict with the Development Approvals or this Agreement, Applicable Rules; provided Developer Owner has given written consent to the application of such regulations to the Development of the SiteProperty, or the Project, or any Phase. (fg) Applicable FederalWritten regulations approved by the City that impose, Statelevy, Countyalter, or amend fees, charges, or Land Use Regulations relating to consumers or end users, as opposed to Development, such as, without limitation, trash can placement, service charges and multi-jurisdictional law and regulations which City is required limitations on vehicle parking; provided, however, that no such fees, charges, or Land Use Regulations shall materially interfere with or impose an adverse material burden upon the rights granted to enforce as against the Site and that do not have an exception for existing signs Owner or legal nonconforming usesits consumers or end users under this Agreement.

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:Property. (a) Processing Standard processing fees and charges for processing Subsequent Development Approvals (including without limitation all General Plan Amendments, Specific Plan Amendments, Changes of every kind Zone or Subdivision Maps within the boundaries of the Project as described in Exhibit "A"), and nature all Site Specific Plot Plans and Plot Plans within the boundaries of the Project imposed by COUNTY on a uniform COUNTY-wide basis at the City time such fees are due, to cover the estimated actual costs to City of incurred by COUNTY for processing applications for such Subsequent Development Approvals to Approvals, Site Specific Plot Plans and Plot Plans unless such processing fees and charges have been waived for any other privately owned or operated landfill in the extent such fees are assessed on a City-wide basisCOUNTY. (b) Procedural Except as provided in Section 3.5, procedural regulations consistent with this Agreement relating to hearing bodies, petitions, applications, notices, findings, records, hearinghearings, 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 Regulations governing construction standards and specifications including, without limitation, the International Conference of Building Officials, or other similar body, as part of the then most current versions of the Uniform COUNTY's 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 noticeFire Code and Grading Code. (d) Regulations imposing Development Exactions with respect to Subsequent Development Approvals; provided, however, that are not in conflict with the no such subsequently adopted Development Approvals or this Agreement, and do not (1) reduce the size Exaction shall be applicable to development of the Project as permitted under Property unless such Development Exaction is applied uniformly to development, either throughout the Land Use Regulations; (2) interfere with COUNTY 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 prevent or substantially impair development or operation of the New Digital Billboard as permitted under Property for the Land Use Regulations; (3) change uses and to the land use designation density or permitted or conditionally permitted use intensity 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.development set forth (e) Except for the Landfill and the Project as defined in (S) 1.1.17(a)-(h) hereof, Land Use Regulations that are in conflict with effect on the Development Approvals or this Agreement, provided Developer has given written consent to date the application of such regulations is submitted to COUNTY and deemed complete. Nothing in this Section is intended to exempt or otherwise relieve OWNER from its obligations to pay ad valorem property taxes and assessments (including any increases in same) in accordance with State law, or other taxes that may in the Development of the Sitefuture be imposed on a Statewide level. (f) Applicable Federal, State, County, and multi-jurisdictional law and regulations which City is required to enforce as against the Site and that do not have an exception for existing signs or legal nonconforming uses.

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 faces 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 required to enforce as against the Site and that do not have an exception for existing signs or legal nonconforming uses.

Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the SiteProject: (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 basissubmitted by Developer. (b) Procedural regulations consistent with this Agreement relating to hearing bodies, petitions, applications, notices, findings, records, hearing, reports, recommendations, appeals 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) 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 Replacement Digital Billboard or New Digital Billboard on the SiteBillboard. 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) 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 SiteProject. (f) Applicable Federal, State, County, and multi-jurisdictional law laws and regulations which City is required to enforce as against the 405 Freeway Site or the Project and that do not have an exception for (1) existing signs signs, or (2) legal nonconforming uses, or (3) signs governed by an agreement entered into pursuant to Sections 5412 and 5443.5 of the California Outdoor Advertising Act which were in existence in the City before the approval of this Agreement. Notwithstanding the foregoing, if such regulations materially change Developer’s costs or otherwise materially impact its performance hereunder, Developer may terminate this Agreement upon 90 days prior written notice.