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this Agreement shall not apply to regulations mandated by state law, or that are <br /> necessary to prevent imminent harm to human safety or property, which may be <br /> modified and made applicable to the Project after the Effective Date. <br /> Section 2.03 Owners'Ri hts to Continue Develo ment. The City agrees that it will not, <br /> during the term of this Agreement, impose or attempt to impose: (a) any moratorium on <br /> the building or development within the Property or (b) any land use or development <br /> regulation that limits the rate or timing of land use approvals within the Property. This <br /> Agreement on the part of the City will not apply to temporary moratoriums uniformly <br /> imposed throughout the City and its ETJ due to an emergency constituting an imminent <br /> threat to the public health or safety, provided that the temporary moratorium continues <br /> only during the duration of the emergency. <br /> ARTICLE III. <br /> GOVERNING REGULATIONS <br /> Section 3.01 Governing Development Regulations. <br /> (a) Development of the Property shall be governed by: <br /> (i) the Concept Plan; <br /> (ii) the Subdivision Regulations to the extent not in conflict with this Agreement <br /> and as may be modified by any variances granted in this Agreement; <br /> (iii) applicable provisions of the Hays County Development Regulations, as <br /> modified by the Interlocal Agreement; <br /> (iv) construction plans and plats for all or any portion of the Property that are <br /> approved from time to time in accordance with this Agreement; <br /> (v) applicable provisions of other state and federal laws; <br /> (vi) the terms and conditions of this Agreement; and <br /> (vii) the applicable Strategic Partnership Agreement and Utility Agreement. <br /> (b) Owners and Developer shall not be required to comply with any City <br /> Development Regulations, except as may otherwise be provided in this <br /> Agreement. To the extent any provisions of this Agreement conflict with any <br /> provisions of the Subdivision Regulations or City Development Regulations, this <br /> Agreement shall control. <br /> 5 <br /> 960915_5 <br />