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93103418 development without abridging the right of City to act in accordance with its powers, duties and obligations. 3.6 Effect of Aareement. This Agreement shall constitute a part of the Enacting Ordinance, as if incorporated by reference therein in full. 4. Specific Criteria Applicable to Development of the Project,. 4.1 Applicable Laws and Standards. Notwithstanding any change in any Existing City Laws, including, but not limited to, any change by means of ordinance, resolution, initiative, referendum, policy or moratorium, and, except as otherwise provided in this Agreement (including Section 3.5) , the laws and policies applicable to the Property are set forth in Existing City Laws (regardless of future changes in these by City) and this Agreement. Developer has vested rights to build and occupy on the Property in accordance with this Agreement, provided that City may apply and enforce the Uniform Building Code (including the Uniform Mechanical Code, Uniform Electrical Code and Uniform Plumbing Code) and Uniform Fire Code in effect at the time Developer applies for building permits forany aspect of the Project. 4.2 Application of New City Laws. Nothing herein shall prevent City from applying to the Property new City Laws that are not inconsistent or in conflict with the Existing City Laws or the intent, purposes or any of the terms, standards or conditions of this Agreement in respect of the development of the Project, and that do not impose any further or additional fees or any other Conditions on the Project, except as provided in Section 3.5. Any action or proceeding of the City that has any of the following effects on the Project shall be considered in conflict with this Agreement and the Existing City Laws: (a) limiting the uses permitted on the Property; (b) limiting or reducing the density or intensity of uses, the maximum height or the allowable Floor Area, increasing the number of required parking spaces, or imposing reservations and dedications of land for public purposes; (c) limiting the timing or phasing of the Project in any manner; (d) limiting the location of building sites, grading or other improvements on the Property in a manner that is inconsistent with or more restrictive than the limitations included in this Agreement; or (e) applying to the Project or the Property any law, regulation or rule restricting or affecting a use or activity otherwise allowed by this Agreement. -10-