Common use of Reserved Legislative Powers Clause in Contracts

Reserved Legislative Powers. Developer acknowledges that the City is restricted in its authority to limit its police powers by contract and that the limitations, reservations, and exceptions set forth herein are intended to reserve to the City all its police power that cannot be so limited. Notwithstanding the retained power of the City to enact such legislation under its police powers, any such legislation shall only be applied to modify the vested rights of Developer as referenced herein under the terms of this Agreement based upon policies, facts, and circumstances meeting the compelling, countervailing public interest exception to the vested rights doctrine in the State of Utah as codified in Utah Code 17-27a-508. Any such proposed change affecting the vested rights of the Project shall be of general application to all development activity in the areas of the City; and unless in good faith the City declares an emergency, Developer shall be entitled to prior written notice and an opportunity to be heard with respect to the proposed change and its applicability to the Project under the compelling, countervailing public interest exception to the vested rights doctrine.

Reserved Legislative Powers. Developer acknowledges that the City is restricted in its authority to limit its police powers power by contract and that the limitations, reservations, and exceptions set forth herein are intended to reserve to the City all of its police power that cannot be so limited. Notwithstanding the retained power of the City to enact such legislation under its the police powers, any such legislation shall only be applied to modify the vested rights of Developer as referenced herein existing land use and zoning regulations which are applicable to the Project under the terms of this Agreement based upon policies, facts, and circumstances meeting the compelling, countervailing public interest exception to the vested rights doctrine in the State of Utah as codified in Utah Code 17-27a-508Utah. Any such proposed change legislative changes affecting the vested rights IHC MPD and terms and conditions of this Agreement applicable to the Project IHC MPD shall be of general application to all development activity in the areas of the City; and and, unless in good faith the City declares an emergency, Developer shall be entitled to prior written the required notice and an opportunity to be heard with respect to the proposed change and its applicability to the Project under the compelling, countervailing public interest exception to the vested rights doctrine.