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May 25, 2010 -Execution Copy
<br />any and all collection agreements regarding fees, including, but not limited to,
<br />development impact fees, which other public agencies request the City to
<br />impose at City's discretion on the Project or the Project Site after the Effective
<br />Date through the Term of this Agreement.
<br />Notwithstanding the foregoing, the Project shall be subject to the following fees
<br />and exactions: (a) fees to mitigate the impacts of a natural disaster; (b) fees to
<br />mitigate other health and safety requirements; (c) fee mitigations required
<br />pursuant to the requirements for further environmental review for the Project
<br />under CEQA; (d) any fees applied on a citywide basis and related to public
<br />health and safety matters; (e) any fee or obligation that is imposed by a regional
<br />agency in accordance with state or federal obligations and implemented by the
<br />City in cooperation with such regional agency; (fj any fee specifically mandated
<br />and required by state or federal laws and regulations and imposed by the City;
<br />and (g) to the extent a fee or exaction that is in effect as of the Effective Date of
<br />this Agreement, imposed by the City and applicable to the Project or Project
<br />Site is not addressed in this Agreement, the Project or Project Site, as
<br />applicable, shall be subject to the fee or exaction in effect at the time it may be
<br />imposed.
<br />Section 6.06. Subsequent Laws Applicable to Project.
<br />(a) Application of Chan e~pplicable Laws to Project. Any change in, or
<br />addition to, the Applicable Laws, including, without limitation, any change
<br />in any applicable general or specific plan, zoning ordinance or building
<br />regulation adopted or becoming effective after the Effective Date, including,
<br />without limitation, any such change by means of ordinance, initiative,
<br />referendum, resolution, motion, policy, order, regulation or moratorium,
<br />initiated or instituted for any reason whatsoever and adopted by the City
<br />Council or Planning Commission or by the electorate, as the case may be,
<br />which would, absent this Agreement, otherwise be applicable to the Project
<br />and which would not conflict with the vested rights granted under this
<br />Agreement, shall apply to the Project. Changes in, or addition to, the
<br />Applicable Laws which are included in the City's Reserved Powers, are
<br />otherwise expressly allowed by this Agreement or are consented to in
<br />writing by Developer shall apply to the Project. In addition, City laws, rules,
<br />regulations and policies enacted after the Effective Date of this Agreement
<br />which do not conflict with the Applicable Laws or this Agreement shall
<br />apply to the Project and Project Site.
<br />(b) Changes in Uniform Codes. Notwithstanding any provision of this
<br />Agreement to the contrary, the Project shall be constructed in accordance
<br />with the provisions of the Uniform Building, Mechanical, Plumbing,
<br />Electrical and Fire Codes, City standard construction specifications, and
<br />Title 24 of the California Code of Regulations, relating to Building
<br />Standards, in effect at the time of approval of the applicable building,
<br />grading, encroachment or other construction permits for the Project.
<br />Page 17 of 36
<br />142466"9.1 Kaiser Medical Center and Retail Project Development Agreement
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