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(d) Regulations that are in material conflict with this Agreement but that are <br />reasonably necessary to protect the residents of the Project or the immediate community from a <br />condition perilous to their health or safety. To the maximum extent possible, any such regulations <br />shall be applied and construed so as to provide Owner with the rights and assurances provided <br />under this Agreement. <br />(e) Regulations that are not in material conflict with this Agreement or the <br />Development Plan. For avoidance of doubt, any regulation, whether adopted by initiative or <br />otherwise, limiting the rate or timing of development of the Property shall be deemed to <br />materially conflict with the Development Plan and shall therefore not be applicable to the <br />development of the Property. <br />(f) Regulations that are in material conflict with the Development Plan; <br />provided Owner has given written consent to the application of such regulations to Development <br />of the Property. <br />(g) Regulations that impose, levy, alter or amend fees, or charges relating to <br />consumers or end users, including, without limitation, trash can placement, service charges and <br />limitations on vehicle parking. <br />(h) Regulations of other public agencies, including Development Impact <br />Fees adopted or imposed by such other public agencies, although collected by City. <br />3.3.2. Subsequent Project Approvals. This Agreement shall not prevent City from <br />exercising its rights under Government Code Section 65866 when acting on subsequent Project <br />Approvals provided that such City actions do not materially conflict with this Agreement, the <br />Development Plan, the Existing Land Use Regulations, and/or the Project Approvals. <br />3.3.3. Modification or Suspension by State or Federal Law. In the event that State, <br />County or Federal laws or regulations, enacted after the Effective Date of this Agreement, <br />prevent or preclude compliance with one or more of the provisions of this Agreement, such <br />provisions of this Agreement shall be modified or suspended as may be necessary to comply <br />with such State or Federal laws or regulations; provided, however, that this Agreement shall <br />remain in full force and effect to the extent it is not inconsistent with such laws or regulations <br />and to the extent such laws or regulations do not render such remaining provisions impractical to <br />enforce. <br />3.3.4. Intent. The parties acknowledge and agree that City is restricted in its authority to <br />limit certain aspects of its police power by contract and that the foregoing limitations, <br />reservations and exceptions are intended to reserve to City all of its police power that cannot be <br />or are not expressly so limited. This Agreement shall be construed, contrary to its stated terms if <br />necessary, to reserve to City all such power and authority that cannot be or is not by this <br />Agreement's express terms so restricted. <br />3.4. Regulation by Other Public Agencies. It is acknowledged by the parties that other public <br />agencies not within the control of City may possess authority to regulate aspects of the <br />development of the Property separately from or jointly with City and this Agreement does not <br />limit the authority of such other public agencies. <br />3.5. Timing of Development. Because the California Supreme Court held in Pardee <br />Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties in that <br />-14- <br />Exhibit 4 <br />