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May 25, 2010 -Execution Copy
<br />(c) Changes Mandated by Federal or State Law. This Agreement shall not
<br />preclude the application to the Project of changes in, or additions to, the
<br />Applicable Laws mandated by Federal or State laws or regulations. In the
<br />event state or federal laws or regulations prevent or preclude compliance
<br />with one or more provisions of this Agreement, such provisions shall be
<br />modified or suspended as necessary to comply with such state or federal
<br />laws or regulations.
<br />(d) Special Taxes and Assessments. Subject to the limitations and requirements
<br />set forth in Section 5.06, Developer shall have the right, to the extent
<br />permitted by law, to protest, oppose and vote against any and all special
<br />taxes, assessments, levies, charges and/or fees imposed with respect to any
<br />assessment districts, Mello-Roos Community Facilities Districts,
<br />maintenance districts or other similar districts. Project Site shall be subject
<br />to and shall pay any and all special taxes, assessments, levies, charges and/or
<br />fees imposed with respect to any assessment districts, Mello-Roos
<br />Community Facilities Districts, maintenance districts or other similar
<br />districts
<br />(e) Moratorium or Other Growth Limitations. Developer and City intend that,
<br />except as otherwise provided in this Agreement, this Agreement shall vest
<br />the Project Approvals against subsequent City resolutions, ordinances and
<br />initiatives that directly or indirectly limit the rate, timing, sequencing of
<br />development, or prevent or conflict with the permitted uses, density and
<br />intensity of uses as set forth in the Project Approvals; provided however,
<br />Developer shall be subject to any growth limitation ordinance, resolution,
<br />initiative, rule, regulation or policy which is required solely to protect public
<br />health and safety.
<br />Section 6.07. Rules for Construction of Public Improvements. All ordinances,
<br />resolutions, rules, regulations and official policies governing engineering and
<br />construction standards and specifications applicable to the construction of public
<br />improvements relating to the Project, including, but not limited to, road and
<br />storm drainage facilities, shall be those in force and effect at the time the
<br />applicable permits are issued for the specific improvement.
<br />Section 6.08. No Conflicting Enactments. City shall not impose on the Project
<br />(whether by action of the City Council or by initiative, referendum or other
<br />means) any ordinance, resolution, rule, regulation, standard, directive, condition
<br />or other measure (each individually, a "City Law") that is in conflict with
<br />Applicable Law, this Agreement or the vested rights provided by this
<br />Agreement. Without limiting the generality of the foregoing, any City Law
<br />shall be deemed to conflict with Applicable Law, this Agreement or the vested
<br />rights provided by this Agreement if it would accomplish any of the following
<br />results, either by specific reference to the Project or as part of a general
<br />enactment which applies to or affects the Project:
<br />Page 18 of 36
<br />1424669.1 Kaiser Medical Center and Retail Project Development Agreement
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