Common use of No Conflicting Enactments Clause in Contracts

No Conflicting Enactments. The City may adopt new or modified rules, regulations, or official policies after the Effective Date and such new or modified rules, regulations, or official policies shall be included within City Applicable Law; provided, however, such new or modified rules, regulations, or official policies (whether adopted by action of the City Council or other body or personnel, by initiative, by referendum, or otherwise) shall be applicable to the Project, and/or to any development on the Subject Property, only to the extent that such application does not modify the Project, does not prevent or materially impede development of the Project, does not conflict with or materially impede development of any portion of the Subject Property pursuant to City Applicable Law, and does not conflict with this Development Agreement. Any new or modified rule, regulation or official policy shall be deemed to conflict with this Development Agreement if it seeks to accomplish any one or more of the following results, either with specific reference to the Project or to any development of the Subject Property, or as part of a general enactment that would otherwise apply to the Subject Property: (a) Reduce the density or intensity of development allowed on the Subject Property under City Applicable Law; (b) Change any land use designation or permitted use of the Subject Property as described in City Applicable Law; and (c) Require, for any work necessary to develop the Project on the Subject Property, the issuance of permits, approvals or entitlements by the City other than those required by City Applicable Law. Notwithstanding the foregoing, the City shall not be precluded from applying any new or modified City rule, regulation, or official policy to the Project or the Subject Property where the new or modified rule, regulation, or official policy is: (i) specifically mandated by changes in state or federal laws or regulations adopted after the Effective Date as provided in Government Code section 65869.5; (ii) specifically mandated by a court of competent jurisdiction; (iii) part of a periodic change to the California Building Code or similar safety regulation and that is in effect at the time an application is submitted; or (iv) required as a result of facts, events, or circumstances presently unknown or unforeseeable that would otherwise have an immediate adverse risk on the health or safety of the surrounding community.

No Conflicting Enactments. The City may adopt new or modified rules, regulations, or official policies after the Effective Date and such new or modified rules, regulations, or official policies shall be included within City Applicable Law; provided, however, such new or modified rules, regulations, or official policies (whether adopted by action of the City Council or other body or personnel, by initiative, by referendum, or otherwise) shall be applicable to the Project, and/or to any development on the Subject Property, only to the extent that such application does not modify the Project, does not prevent or materially impede development of the Project, does not conflict with or materially impede development of any portion of the Subject Property pursuant to City Applicable Law, and does not conflict with this Development Agreement. Any new or modified rule, regulation or official policy shall be deemed to conflict with this Development Agreement if it seeks to accomplish any one or more of the following results, either with specific reference to the Project or to any development of the Subject Property, or as part of a general enactment that would otherwise apply to the Subject Property: (a) Reduce the density or intensity of development allowed on the Subject Property under City Applicable Law; (b) Change any land use designation or permitted use of the Subject Property as described in City Applicable Law; and (c) Require, for any work necessary to develop the Project on the Subject Property, the issuance of permits, approvals or entitlements by the City other than those required by City Applicable Law. . (d) Notwithstanding the foregoing, the City shall not be precluded from applying any new or modified City rule, regulation, or official policy to the Project or the Subject Property where the new or modified rule, regulation, or official policy is: (i) specifically mandated by changes in state or federal laws or regulations adopted after the Effective Date as provided in Government Code section 65869.5; (ii) specifically mandated by a court of competent jurisdiction; (iii) part of a periodic change changes to the California Building Code or and similar safety regulation and regulations that is in effect at the may change from time an application is submittedto time; or (iv) required as a result of facts, events, or circumstances presently unknown or unforeseeable that would otherwise have an immediate adverse risk on the health or safety of the surrounding community.

No Conflicting Enactments. The Subject to the limitations set forth in this Section 2.05, City, or the City electorate through the adoption of referenda and initiatives, may adopt enact new or modified rules, regulations, or official policies after the Effective Date and such new or modified rules(each a “Later Enactment” and, regulationscollectively, or official policies shall be included within City Applicable Law; provided, however, such new or modified rules, regulations, or official policies (whether adopted by action of the City Council or other body or personnel, by initiative, by referendum, or otherwise) “Later Enactments”). All Later Enactments shall be applicable to the Project, and/or to any development on the Subject Property, Project if and only to the extent that such application of any Later Enactment does not modify the Project, ; does not prevent or materially impede development of the Project, does not conflict with or materially impede development of any portion of the Subject Property pursuant to City Applicable Law, ; and does not conflict with this Development Agreement. Any new or modified rule, regulation or official policy Later Enactment shall be deemed to conflict with this Development Agreement if it the enactment seeks to accomplish any one or more of the following results, either with specific reference to the Project or to any the development of the Subject Property, or as part of a general enactment that would otherwise apply to the Subject Property: (a) Reduce the density or intensity of development allowed on the Subject Property Project under City the Applicable Law; (b) Change any land use designation or permitted use of the Subject Property for the Project as described in City the Applicable Law; and; (c) Require, for any work necessary to develop the Project on the Subject Property, the issuance of permits, approvals approvals, or entitlements by the City other than those required by City Applicable Law; or (d) Materially limit the processing of, the procuring of applications for, or approval of the Subsequent Approval(s). Notwithstanding the foregoing, the City shall not be precluded from applying any new or modified City rule, regulation, or official policy a Later Enactment to the Project or the Subject Property where the new or modified rule, regulation, or official policy Later Enactment is: (ia) specifically mandated by changes in state or federal laws or regulations adopted after the Effective Date Date, as provided in Government Code section 65869.565869.5 and Section 2.06 below; (iib) specifically mandated by a court of competent jurisdiction; or (iiic) part of a periodic change required by changes to the California Building Code Standards Codes (including the California Fire Code), and similar life safety regulations that may change from time to time, including all local amendments adopted by City or similar safety regulation the Fire Department on a citywide basis. Except as expressly provided herein, particularly with respect to ▇▇▇▇▇▇▇▇▇’s rights granted hereunder, this Agreement does not restrict City’s exercise of its police powers, and that is in effect at the time an application is submitted; or (iv) required as a result of facts, events, or circumstances presently unknown or unforeseeable that would otherwise have an immediate adverse risk on the health or safety of the surrounding communityCity reserves those powers to itself.

No Conflicting Enactments. The City may adopt new or modified rules, regulations, or official policies after the Effective Date and such new or modified rules, regulations, or official policies shall be included within City Applicable Law; provided, however, such new or modified rules, regulations, or official policies (whether adopted by action of the City Council or other body or personnel, by initiative, by referendum, or otherwise) shall be applicable to the Project, and/or to any development on the Subject Property, only to the extent that such application does not modify the Project, does not prevent or materially impede development of the Project, does not conflict with or materially impede development of any portion of the Subject Property pursuant to City Applicable Law, and does not conflict with this Development Agreement. Any new or modified rule, regulation or official policy shall be deemed to conflict with this Development Agreement if it seeks to accomplish any one or more of the following results, either with specific reference to the Project or to any development of the Subject Property, or as part of a general enactment that would otherwise apply to the Subject Property: (a) Reduce the density or intensity of development allowed on the Subject Property under City Applicable Law; (b) Change any land use designation or permitted use of the Subject Property as described in City Applicable Law; and (c) Require, for any work necessary to develop the Project on the Subject Property, the issuance of permits, approvals or entitlements by the City other than those required by City Applicable Law. Notwithstanding the foregoing, the City shall not be precluded from applying any new or modified City rule, regulation, or official policy to the Project or the Subject Property where the new or modified rule, regulation, or official policy is: (i) specifically mandated by changes in state or federal laws or regulations adopted after the Effective Date as provided in Government Code section 65869.5; (ii) specifically mandated by a court of competent jurisdiction; (iii) part of a periodic change to the California Building Code or similar safety regulation and that is in effect at the time an application is submitted; or (iv) required as a result of facts, events, or circumstances presently unknown or unforeseeable that would otherwise have an immediate adverse risk on the health or safety of the surrounding community.;

No Conflicting Enactments. The City may adopt new or modified rules, regulations, or official policies after the Effective Date and such new or modified rules, regulations, or official policies shall be included within City Applicable Law; provided, however, such new or modified rules, regulations, or official policies (whether adopted by action of the City Council or other body or personnel, by initiative, by referendum, or otherwise) shall be applicable to the Project, and/or to any development on the Subject Property, only to the extent that such application does not modify the Project, does not prevent or materially impede development of the Project, does not conflict with or materially impede development of any portion of the Subject Property pursuant to City Applicable Law, and does not conflict with this Development Agreement. Any new or modified rule, regulation or official policy shall be deemed to conflict with this Development Agreement if it seeks to accomplish any one or more of the following results, either with specific reference to the Project or to any development of the Subject Property, or as part of a general enactment that would otherwise apply to the Subject Property: (a) Reduce the density or intensity of development allowed on the Subject Property under City Applicable Law; (b) Change any land use designation or permitted use of the Subject Property as described in City Applicable Law; and; (c) Require, for any work necessary to develop the Project on the Subject Property, the issuance of permits, approvals or entitlements by the City other than those required by City Applicable Law. . (d) Notwithstanding the foregoing, the City shall not be precluded from applying any new or modified City rule, regulation, or official policy to the Project or the Subject Property where the new or modified rule, regulation, or official policy is: (i) specifically mandated by changes in state or federal laws or regulations adopted after the Effective Date as provided in Government Code section 65869.5; (ii) specifically mandated by a court of competent jurisdiction; (iii) part of a periodic change changes to the California Building Code or and similar safety regulation and regulations that is in effect at the may change from time an application is submittedto time; or (iv) required as a result of facts, events, or circumstances presently unknown or unforeseeable that would otherwise have an immediate adverse risk on the health or safety of the surrounding community.