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and/or Special Purpose Plan, applicable Subsequent Development Agreement and this <br /> Agreement, including the Special Conditions and including actions reserved under the Existing <br /> Approvals for the Board of Supervisors to take under the circumstances specified therein. No <br /> future modification of the County Code or any ordinance or regulation, by initiative or otherwise, <br /> which otherwise limits or regulates the rate of development over time shall be applicable. In <br /> furtherance of this objective, County agrees that to the maximum extent permitted under law, the <br /> development of the Property shall be exempt from growth control measures, development <br /> moratoria, including limitations on the number of building permits and/or such other measures <br /> which affect the rate, timing or sequence of development,whether enacted by the County or by <br /> vote of the electorate of the County or the State,which would stop or delay the development of <br /> the Property in conflict with Existing Approvals or the provisions of this Agreement. However, <br /> nothing herein shall be construed to relieve the Developer from any time conditions in any <br /> permit, subdivision map or other Approval or to excuse the timely completion of any act which <br /> is required to be completed within a time period set by any applicable code or permit provisions. <br /> 2.4. Special Conditions. Development of the Property shall be subject to <br /> the Special Conditions. <br /> 2.5. Rules, Regulations and Official Policies. <br /> 2.5.1. Subject to the provisions of this Section 2.,development of the Property <br /> shall be subject to the Ordinances and such rules, regulations, and official policies applicable to <br /> such development on the Effective Date. Except as otherwise provided in this Agreement, to the <br /> extent any future changes in the Vested Elements or any future rules, Ordinances, regulations or <br /> policies adopted by the County, including initiatives,purport to be applicable to the Property but <br /> are in conflict with the terms and conditions of this Agreement,the terms of this Agreement shall <br /> prevail, unless the parties mutually agree to amend or modify this Agreement pursuant to Section <br /> 1.9. hereof. To the extent that any future changes in the Vested Elements or any future rules, <br /> Ordinances, regulations or policies adopted by the County are applicable to the Property and are <br /> not in conflict with the terms and conditions of this Agreement or are otherwise made applicable <br /> by other provisions of this Section 2., such future changes in the Vested Elements or such future <br /> rules, Ordinances, regulations or policies shall be applicable to the Property. <br /> 2.5.2. This Section 2.5. shall not preclude the application to development of the <br /> Property of changes in the Vested Elements or County laws,regulations,plans or policies, the <br /> terms of which are specifically mandated and required by changes in state or federal laws or <br /> regulations. In the event state or federal laws or regulations enacted after the Effective Date of <br /> this Agreement or action by any governmental jurisdiction other than the County prevent or <br /> preclude compliance with one or more provisions of the Existing Approvals or this Agreement or <br /> require changes in the Vested Elements or in plans, maps or permits approved by the County, the <br /> Existing Approvals and this Agreement shall be modified, extended or suspended by the County, <br /> after notice to and consultation with the Developer and after public hearing as required by the <br /> Development Agreement Regulations, as may be necessary to comply with such state or federal <br /> laws or regulations or the regulations of such other governmental jurisdiction. <br /> W02-SF:FPD\61481 145.2 -27- <br />