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<br />fees applicable to the development (collectively, together with the Applicable General Plan and
<br />the Applicable Zoning Ordinance, the “Applicable Rules”); and
<br />(d) The Project Approvals, as they may be amended from time to time upon
<br />Developer’s consent.
<br />(e) The foregoing are hereby vested in Developer, subject to, and as provided
<br />in, the provisions of this Development Agreement (the “Vested Elements”). City hereby agrees
<br />to be bound with respect to the Vested Elements, subject to Developer’s compliance with the
<br />terms and conditions of this Development Agreement.
<br />4.5. Moratorium. No City-imposed moratorium or other limitation (whether relating
<br />to the rate, timing or sequencing of the development or construction of all or any part of the
<br />Developer Acquired Property, either prior to or after Developer’s acquisition of the Developer
<br />Acquired Property, whether imposed by ordinance, initiative, resolution, policy, order or
<br />otherwise, and whether enacted by the City Council, an agency of City, the electorate, or
<br />otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final),
<br />building permits, occupancy certificates or other entitlements to use or service (including,
<br />without limitation, water and sewer) approved, issued or granted within City, or portions of City,
<br />shall apply to the Developer Acquired Property to the extent such moratorium or other limitation
<br />is in conflict with this Agreement; provided, however, the provisions of this Section 4.5 shall not
<br />affect City’s compliance with moratoria or other limitations mandated by other governmental
<br />agencies or court-imposed moratoria or other limitations.
<br />4.6. Effect of Project Approvals and Applicable Rules; Future Rules. Except as
<br />otherwise explicitly provided in this Development Agreement, development of the Developer
<br />Acquired Property shall be subject to (a) the Project Approvals and (b) the Applicable Rules.
<br />4.7. Changes in Applicable Rules; Future Rules.
<br />(a) To the extent any changes in the Applicable Rules, or any provisions of
<br />future General Plans, Specific Plans, Zoning Ordinances or other rules, regulations, ordinances
<br />or policies (whether adopted by means of ordinance, initiative, referenda, resolution, policy,
<br />order, moratorium, or other means, adopted by the City Council, Planning Commission, or any
<br />other board, commission, agency, committee, or department of City, or any officer or employee
<br />thereof, or by the electorate) of City (collectively, “Future Rules”) are consistent with the City’s
<br />Reserved Powers or are otherwise not in conflict with the Vested Elements, such Future Rules
<br />shall be applicable to the Project.
<br />(b) To the maximum extent permitted by law, City shall prevent any Future
<br />Rules from invalidating or prevailing over all or any part of this Agreement, and City shall
<br />cooperate with Developer and shall undertake such actions as may be necessary to ensure this
<br />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
<br />Future Rule that would conflict with the Vested Elements or this Agreement or reduce the
<br />development rights provided by this Agreement.
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