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a. As used in this Agreement, "New City Laws" means
<br />and includes any ordinances, resolutions, orders, rules, official policies, standards, specifications,
<br />guidelines, or other regulations, which are promulgated or adopted by City (including but not
<br />limited to any City Council, Board, Commission, officer or employee) or its or their electorate
<br />(through the power of initiative, referendum or otherwise) after the Effective Date.
<br />b. For purposes of this section, the word "Conflict"
<br />means a modification to the Project Approvals or this Agreement that purport to: (i) limit the
<br />permitted uses of the Property, the density and intensity of use (including but not limited to floor
<br />area ratios of buildings), or the maximum height and size of proposed buildings; (ii) impose
<br />requirements for reservation or dedication of land for public purposes or requirements for
<br />infrastructure, public improvements, or public utilities, other than as provided in the Project
<br />Approvals or this Agreement; (iii) impose conditions upon development of the Property other than
<br />as permitted by the Project Approvals, the Applicable City Regulations, Changes in the Law (as
<br />provided in Section 4.8), and this Agreement; (iv) limit the timing, phasing, or rate of development
<br />of the Property; (v) limit the location of building sites, grading, or other improvements on the
<br />Property in a manner that is inconsistent with or substantially more restrictive than the limitations
<br />included in the Project Approvals and. this Agreement; (vi) limit or control the ability to obtain
<br />public utilities, services, or facilities (provided, however, nothing herein shall be deemed to exempt
<br />the Project or the Property from any water use rationing requirements that may be imposed on a
<br />City-wide basis from time to time in the future or be construed as a reservation of any existing
<br />sanitary sewer or potable water capacity); (vii) require the issuance of additional permits or
<br />discretionary approvals by City other than those required by Applicable City Regulations, the
<br />Project Approvals, and this Agreement; (viii) establish, enact, increase, or impose against the
<br />Project or the Property any special taxes or assessments other than those specifically permitted by
<br />this Agreement, including Section 5.2; (ix) apply to the Project any New City Laws that are not
<br />uniformly applied on a City-wide basis to all substantially similar types of development projects
<br />and project sites; (x) impose against the Project any condition or exaction, including and
<br />dedication, not specifically authorized by Applicable City Regulations, the Project Approvals or
<br />this Agreement; or (xi) limit the processing or procuring of applications and approvals of
<br />Subsequent Approvals.
<br />Section 4.2 Vested Rights of Developer. Developer shall have the vested right to
<br />develop the Property and the Project in accordance with and subject to the terms and conditions of
<br />this Agreement, the Project Approvals, and the Applicable City Regulations, which shall control
<br />the permitted uses, density and intensity of use of the Property, and the maximum height and size
<br />of buildings on the Property.
<br />Section 4.3 Reservations of City Authority. Notwithstanding any other provision of this
<br />Agreement to the contrary, the following City regulations and provisions shall apply to the
<br />development of the Project:
<br />A. Regulations relating to hearing bodies, petitions, applications,
<br />notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of
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<br />ATTY/AG R/2024.193 - GATEKEEPER DA -1900 BROADWAY
<br />REV: 10-22-24 VR
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