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2.4.6. Codes, ordinances and regulations relating to building and construction <br /> standards or permits shall apply as in force and effect at the time of grant of each applicable <br /> building or construction permit. <br /> 2.4.7. The parties intend that, so long as this Agreement is in effect,the <br /> provisions of this Agreement shall govern and control as to the procedures and the terms and <br /> conditions applicable to the development of the Property over any contrary or inconsistent <br /> provisions contained in Section 66498.1 et seq. of the Government Code or any other State law <br /> now or hereafter enacted purporting to grant or vest development rights based on land use <br /> entitlements (herein "Other Vesting Statute"). In furtherance of this intent, and as a material <br /> inducement to the County to enter into this Agreement, the Developer agrees that: <br /> 2.4.7.A. Notwithstanding any provisions to the contrary in any Other <br /> Vesting Statute or this Agreement, the terms and conditions of the Existing Approvals and this <br /> Agreement shall govern and control the rights of Developer to develop the Property; <br /> 2.4.7.13. While this Agreement is in effect, the Developer waives the <br /> benefits of any Other Vesting Statute insofar as it may be inconsistent or in conflict with the <br /> terms and conditions of the Existing Approvals or this Agreement; and <br /> 2.4.7.C. While this Agreement is in effect, the Developer will not make <br /> application for a Development Permit under any Other Vesting Statute insofar as said application <br /> or the granting of the land use entitlement pursuant to said application would be inconsistent or <br /> in conflict with the terms and conditions of the Existing Approvals or this Agreement. <br /> 2.4.8. This Section 2.4. shall not be construed to limit the authority or obligation <br /> of the County to hold necessary public hearings, to limit discretion of the County or any of its <br /> officers or officials with regard to rules, regulations, ordinances, laws and entitlements of use <br /> which require the exercise of discretion by the County or any of its officers or officials, provided <br /> that subsequent discretionary actions shall not conflict with the terms and conditions of this <br /> Agreement, and the County shall use reasonable efforts to process such subsequent discretionary <br /> actions expeditiously. <br /> 2.4.9. Nothing herein shall be construed as a waiver by Developer of its <br /> reservation of rights set forth in Recital R of this Agreement to the extent that the County seeks <br /> to impose codes, ordinances, policies, programs, fees, exactions and/or and regulations pursuant <br /> to this Section 2.4. or otherwise which impact railroad operations. <br /> 2.5. Processing and Development Fees. <br /> 2.5.1. Processing Fees. All applications for Development Permits, including <br /> proposed amendments to Existing Approvals or Subsequent Discretionary Approvals, submitted <br /> after the Effective Date shall be subject to the application, processing and plan check fees which <br /> are lawfully enacted and in force and effect on the date the Development Permit application is <br /> made and in the amount specified by the fee schedule that is applicable to all other development <br /> in the County. <br /> -24- <br />