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denominated, and adopted by the City Council, Planning <br />Commission or any City Agency, or by the electorate, as the case <br />may be, which would, absent this First Amended and Restated <br />DayeWpmen Agreement, otherwise be applicable to the Project <br />and which would conflict with the Applicable Rules, shall not be <br />applied to the Project unless such changes represent an exercise <br />of the City's Reserved Powers or are otherwise expressly allowed <br />by this Fit Amended and Restated Development Agreement. In <br />the event that state or federal laws or regulations enacted after this <br />First Amended and Restated D_eveloament Agreement has <br />been entered into, prevent or preclude compliance with one or <br />more provisions of this First Amended and Restated <br />Deye14? ment Agreement, such provisions of this First_9me-ride_d <br />and Restated Develop Agreement shall be modified or <br />suspended as may be necessary to comply with such state or <br />federal laws or regulations. <br />&A--RResewed: <br />5.1.3 5:6--Agreed Changes and Other Reserved Powers. This First <br />Amended. and Restated__ D e opment Agreement shall not <br />preclude application to the Project of rules, regulations, ordinances <br />and officially adopted plans and policies in conflict with the <br />Applicable Rules where such additional rules, regulations, <br />ordinances and officially adopted plans and policies (a) are <br />mutually agreed to in writing by Owner and the City, or (b) result <br />from the Reserved Powers. <br />5.1.4 6-.6--Subsequent Development Approvals. The City shall require <br />Owner to obtain only those Subsequent Development Approvals <br />that are required by the Applicable Rules or the Reserved Powers. <br />City hereby -agrees that it shall condition any Subsequent <br />Development Approvals based only on the Applicable Rules and/or <br />Reserved Powers. <br />.51.5 5--7-Moratoria. In the event an ordinance, resolution or other <br />measure is enacted, whether by action of the City, by initiative, or <br />otherwise, which relates to the rate, amount, timing, sequencing, or <br />phasing of the development or construction of the Project on all or <br />any part of the Property, City agrees that, unless required by <br />applicable state law, such ordinance, resolution or other measure <br />shall not apply to the Project, Property or this Fist Amended and <br />R-eetated_ Development Agreement, unless such changes are <br />adopted pursuant to the City's exercise of its Reserved Powers or <br />-13- <br />75A-69