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adopted initiative restricting the timing of development to prevail over the parties' agreement, it
<br />is the Parties' intent to cure that deficiency by acknowledging and providing that, subject to any
<br />infrastructure phasing requirements that may be required by the Project Approvals, Developer
<br />shall have the right (without obligation) to develop the Property in such order And at st;ch rate
<br />and at such times as Developer deems appropriate within the exercise of its subjective business
<br />judgment.
<br />2.3.2. Moratorium No City - imposed moratorium or other limitation (whether
<br />relating to the rate, timing or sequencing of the development or construction of all or any part of
<br />the Property, whether imposed by ordinance, initiative, resolution, policy, order or otherwise,
<br />and whether enacted by the City Council, an agency of City, the electorate, or otherwise)
<br />affecting parcel or subdivision maps (whether tentative, vesting tentative or final), building
<br />permits, occupancy certificates or other entitlements to use or service (including, without
<br />limitation, water and sewer) approved, issued or granted within City, or portions of City, shall
<br />apply to the Property to the extent such moratorium or other limitation is in conflict with this
<br />Agreement; provided, however, the provisions of this Section shall not affect City's compliance
<br />with moratoria or other limitations mandated by other governmental agencies or court - imposed
<br />moratoria or other limitations.
<br />2.3.3. No Other Requirements Nothing in this Development Agreement is
<br />intended to create any affirmative development obligations to develop the Project at all or in any
<br />particular order or manner, or liability in Developer under this Development Agreement if the
<br />development fails to occur.
<br />2.4. Effect of Project Approvals and Applicable Rules; Future Rules
<br />2.4.1. Governing Rules Except as otherwise explicitly provided in this
<br />Development Agreement, development of the Property shall be subject to (a) the Project
<br />Approvals and (b) the Applicable Rules.
<br />2.4.2. Changes �n Applicable Rules; Future Rules
<br />a. To the extent any changes in the Applicable Rules, or any
<br />provisions of future General Plans, Specific Plans, Zoning Ordinances or other rules, regulations,
<br />ordinances or policies (whether adopted by means of ordinance, initiative, referenda, resolution,
<br />policy, order, moratorium, or other means, adopted by the City Council, Planning Commission,
<br />or any other board, commission, agency, committee, or department of City, or any officer or
<br />employee thereof, or by the electorate) of City (collectively, " Future Rules ") are not in conflict
<br />with the Vested Elements, such Future Rules shall be applicable to the Project.
<br />b. To the maximum extent permitted by law, City shall prevent any
<br />Future Rules from invalidating or prevailing over all or any part of this Agreement, and City
<br />shall cooperate with Developer and shall undertake such actions as may be necessary to ensure
<br />this Agreement remains in full force and effect. City shall not support, adopt or enact any Future
<br />Rule, or take any other action which would violate the express provisions or spirit and intent of
<br />this Agreement or the Project Approvals. Developer reserves the right to challenge in court any
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