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faith for a period of 30 days to determine whether any modification, extension or suspension of <br /> this Agreement is necessary to comply with such New Other Laws or Exempt City Laws. It is <br /> the intent of the Parties that any such modification or suspension be limited to that which is <br /> necessary, and to preserve to the extent possible the original intent of the Parties in entering into <br /> this Agreement. Nothing in this Agreement shall be deemed a waiver of Developer's right to <br /> challenge or contest the validity or applicability of any New Other Laws or Exempt City Laws. <br /> If the Parties cannot arrive at a mutually acceptable solution and the City applies the New Other <br /> Law or Exempt City Law to the Project, Developer shall be entitled to pursue the remedies <br /> described in Sections 5.2, 5.3 and 5.4 below. <br /> 2.8 Initiatives and Referenda. If any New City Law is enacted or imposed by initiative or <br /> referendum, or by the City Council directly or indirectly in connection with any proposed <br /> initiative or referendum, which New City Law would conflict with this Agreement or reduce the <br /> development rights provided by this Agreement, such New City Law shall not apply to the <br /> Project. No moratorium or other limitation (whether relating to the rate, timing, phasing, <br /> density, height or sequencing of development) affecting subdivision maps, building permits or <br /> other entitlements to use that are approved or to be approved, issued or granted within the City, <br /> or portions of the City, shall apply to the Project. City, except to submit to vote of the electorate <br /> initiatives and referendums required by law to be placed on a ballot, shall not adopt or enact any <br /> New City Law, or take any other action which would violate the express provisions of this <br /> Agreement or the Project Approvals. Developer reserves the right to challenge in court any New <br /> City Law that would conflict with this Agreement or reduce the development rights provided by <br /> this Agreement. Notwithstanding the faregoing, the Parties acknowledge that City's approval of <br /> this Agreement is a legislative action subject to referendum. Developer acknowledges and <br /> agrees that City does not have authority or jurisdiction over any other public agency's ability to <br /> grant governmental approvals or permits or to impose a moratorium or other limitations that may <br /> affect the Project. <br /> 2.9 Regulation by Other Public A e�Lncies. Developer acknowledges that other public <br /> agencies not within the control of City possess authority to regulate aspects of the development <br /> of the Property separately from or jointly with City, and this Agreement does not limit the <br /> autharity of such other public agencies. Developer will, at the time required in accordance with <br /> Developer's construction schedule, apply for all such other permits and approvals as may be <br /> required by other governmental or quasi-governmental entities in connection with the <br /> development of, or the provision of services to, the Project. Developer acknowledges that City <br /> does not control the amount of any fees imposed by such other agencies. In the event that such <br /> fees are imposed upon Developer and are in excess of those allowed by state law and Developer <br /> wishes to object to such fees, Developer may pay such fees under protest. The City agrees not to <br /> delay issuance of permits or other Project Approvals and entitlements under these circumstances, <br /> provided Developer provides City with proof of payment of such fees. <br /> 2.10 Subsequent Project Approvals. Certain subsequent land use approvals, entitlements, and <br /> permits other than the Existing Approvals, will be necessary or desirable for implementation of <br /> the Project ("Subsequent Project Approvals"). The Subsequent Project Approvals may <br /> include, without limitation, the following: amendments of the Existing Approvals, PC Permits, <br /> grading permits, building permits, sewer and water connection permits, certificates of <br /> occupancy, lot line adjustments, parcel maps and/or subdivision maps, and any amendments to, <br /> 18 <br /> ATTY/AGR/2013.134/STANFORD DEVELOPMENT AGREEMENT <br /> REV: 08-14-13 PT <br />