Common use of No Conflicting Enactments Clause in Contracts

No Conflicting Enactments. This Agreement shall not preclude City or the voters in City, by subsequent action, from enacting or imposing any New City Law, provided that any New City Law shall not apply to the Project to the extent it conflicts with this Agreement and the Applicable Law it describes, unless such New City Law represents an exercise of the City’s reservation of powers pursuant to Section 4.06. Without limiting the generality of the foregoing, or any other provision of this Agreement, a New City Law shall be deemed to conflict with this Agreement and the Applicable Law to the extent it does any of the following: (i) prevents all or a portion of the Project from being developed or used in accordance with the terms and provisions of the Project Approvals, (ii) limits or reduces the number of lots or overall square footage which may be developed on the Property, or the overall density or intensity of the Project, or any part thereof, from that set forth in the Project Approvals, (iii) imposes any fees, exactions, conditions, or other monetary exaction other than as allowed by Applicable Law and this Agreement, (iv) limits or controls the rate, timing, phasing or sequencing of the approval of the development or construction of all or any portion of the Project, whether by moratorium, growth restriction, or a mechanism which is tied to the availability of public services or facilities (e.g. a specified traffic level of service or water or sewer availability), except as specifically permitted by this Agreement, (v) changes any land use designation or permitted use vested by this Agreement, (vi) requires the issuance of additional permits or approvals by City other than those required by Applicable Law, or (vii) limits the processing for or the obtaining of the Subsequent Approvals.

No Conflicting Enactments. This Notwithstanding any other provision of this Agreement, this Agreement shall not preclude precludes City or (including the voters in the City), by subsequent action, from enacting or imposing any new city law (“New City Law”) that conflicts with Applicable Law. Without limitation of the foregoing, any New City Law, provided that any New City Law shall not apply whether by specific reference to the Project to the extent it conflicts with this Agreement and the Applicable Law it describes, unless such New City Law represents an exercise development of the City’s reservation Property or as part of powers pursuant to Section 4.06. Without limiting the generality of the foregoing, a general enactment that directly or any other provision of this Agreement, a New City Law shall be deemed to conflict with this Agreement and the Applicable Law to the extent it does any of the following: indirectly applies to (ia) prevents all or a portion of the Project from being developed or used in accordance with the terms and provisions of the Project Approvals, (ii) limits Limits or reduces the number of lots or overall uses, square footage or FAR, height, site coverage, or density requirements which may be developed on the Property, or the overall density or intensity of the Project, or any part thereof, from that Property as set forth in the Project ApprovalsPlans. (b) Limits utilities, services or related facilities or any privileges or rights to such utilities, services and facility for the Property. (iiic) imposes Limits or controls in any fees, exactions, conditions, manner the growth or other monetary exaction other than as allowed by Applicable Law and this Agreement, (iv) limits or controls the rate, timing, phasing subdivision, phasing, or sequencing of the approval or development of the development or construction of all or any portion of the ProjectProperty, whether by moratorium, growth restriction, or a mechanism by which development is tied to the availability of public services or and/or facilities (e.g. for example, the presence of a specified traffic level of or service or water or sewer availability), except as specifically permitted ) or otherwise. (d) Applies to the Property any New City Law otherwise allowed by this Agreement, Agreement that is not uniformly applied on a City-wide or an area-wide basis to all substantially similar developments and properties. (ve) changes Changes any land use designation or permitted use vested by this Agreement, Agreement on the Property without the consent of Owner. (vif) requires Requires the issuance of additional permits or approvals by City other than those required by Applicable Law. (g) Establish, enacts, or increases in any manner applicable to the Property, whether directly by the City Council or by City-called or other City election, or imposes against the Property, any fees, taxes (viiincluding, without limitation, general, special and excise taxes), exactions, assessments, liens or other financial obligations other than (i) limits the processing for those specifically permitted by this Agreement or the obtaining Applicable Law or (ii) any City-wide taxes, assessments or bond issuance. (h) The above list of actions is not intended to be comprehensive, but is illustrative of the Subsequent Approvalstypes of actions that would conflict with this Agreement. All City actions applying any New City Law to the development of the Property must be consistent with this Agreement. (i) The project shall comply with the City’s Green Building Ordinance. (j) The project will be subject to any future parcel tax measures passed in the City of Albany.

No Conflicting Enactments. This Unless ordered by a court of law, or to the extent provided by state law, or as otherwise allowed by this Agreement, the City shall not impose on the Project (whether by action of the Council, or other local legislative body, or by initiative, referendum or other means) any ordinance, resolution, rule, regulation, standard, directive, condition or other measure (each, individually, a “City Law”) that is in conflict with Applicable Law (as defined in Section 2.3.1) or this Agreement, or that reduces the development rights or assurances provided by this Agreement. The Parties acknowledge that the Development Agreement Statute provides that this Agreement shall not preclude City or prevent the voters in City, by in subsequent action, from enacting or imposing any New City Law, provided that any New City Law shall not apply actions applicable to the Project to the extent it conflicts from applying new rules, regulations and policies which do not conflict with this Agreement and the Applicable Law it describes, unless such New City Law represents an exercise of the City’s reservation of powers pursuant to Section 4.06or this Agreement. Without limiting the generality of the foregoing, or any other provision of and except as provided otherwise in this Agreement, a New any City Law shall be deemed to conflict with this Agreement and the Applicable Law or this Agreement, or to reduce the extent development rights provided hereby, if it does would create any of the following: (i) prevents all or a portion of following results, either by specific reference to the Project from being developed or used in accordance with as part of a general enactment which applies to or affects the terms and provisions of the Project Approvals, Project: (iia) limits Change any land use designation or reduces the number of lots or overall square footage which may be developed permitted use on the Property, Property allowed by the Entitlements or limit or reduce the overall density or intensity of the Project, or any part thereof, from that set forth or otherwise require any reduction in the Project Approvals, (iii) imposes any fees, exactions, conditionstotal number of residential dwelling units, or other monetary exaction other than the number or square footage of proposed non-residential buildings; or (b) To the extent that public utilities are to be provided by the City under this Agreement, limit or control the availability of public utilities, services or facilities or any privileges or rights to public utilities, services, or facilities (for example, water rights, water connections or sewage capacity rights, sewer connections, etc.) necessary to serve the Project except as allowed by Applicable Law and this Agreement(for example, to deny utility service for nonpayment of service charges); or (ivc) limits Limit or controls control the rate, timing, phasing or sequencing of the approval of the approval, development or construction of all or any portion part of the Project, whether by moratoriumincluding the processing of Implementing Approvals as defined in Section 2.4.6, growth restriction, in any manner that could result in having to substantially delay construction of any portion of the Project or a mechanism which is tied to the availability of public services or facilities (e.g. a specified traffic level of service or water or sewer availability), except as specifically permitted by this Agreement, (v) changes any land use designation or permitted use vested by this Agreement, (vi) requires require the issuance of additional permits or approvals by the City other than those required by Applicable LawLaw or this Agreement; or (d) Limit or control the location of buildings, structures, grading, or (vii) limits the processing for or the obtaining other improvements of the Subsequent ApprovalsProject in a manner that is inconsistent with the Implementing Approvals as defined in Section 2.4.6 of this Agreement (as and when they are issued); or (e) Apply to the Project any City Law otherwise allowed by this Agreement that is not uniformly applied on a City-wide basis to all substantially similar types of development or impose against the Project any condition, dedication or other exaction not specifically authorized by Applicable Law; or (f) Excluding any matter that has City-wide application, and that is not otherwise addressed by the terms of this Agreement, establish, enact, increase or impose against the Project any fees, assessments, liens or other monetary obligations other than those specifically permitted by this Agreement, and any adjustments thereto as provided under Section 2.5.1 and 2.5.2 of this Agreement or otherwise under the terms of those fees, assessments, liens, or other monetary obligations, or other connection fees imposed by third party utilities.