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The County acknowledges and agrees that it is exercising its sound discretion in <br />this instance by entering into this Agreement to achieve mutual benefits that are particular and <br />unique to the circumstances underlying this Agreement. This Agreement shall in no way establish <br />a precedent or bind the County to grant similar approvals to third persons. <br />F. Compliance with Laws Not Identified in Agreement. <br />The failure of this Agreement to address a particular permit, condition, term, or <br />restriction shall not relieve the Developer of the necessity of complying with the law governing <br />said permitting requirements, terms, conditions, or restrictions. Any matter or thing required to be <br />done under existing ordinance of the County shall not be otherwise amended, modified or waived <br />unless such amendment, waiver, or modification is expressly provided for in this Agreement with <br />specific reference to the code provisions so amended, modified, or waived. <br />G. Applicable Laws and Subsequently enacted Laws <br />The local government's laws and policies governing the development of the land at <br />the time of the execution of the development agreement shall govern the development of the land <br />for the duration of the development agreement. <br />If state or federal laws are enacted after the execution of a development agreement <br />which are applicable to and preclude the parties' compliance with the terms of a development <br />agreement, such agreement shall be modified or revoked as is necessary to comply with the <br />relevant state or federal laws. <br />A local government may apply subsequently adopted laws and policies to a <br />development that is subject to a development agreement only if the local government has <br />held a public hearing and determined: <br />(a) They are not in conflict with the laws and policies governing the development <br />agreement and do not prevent development of the land uses, intensities, or densities <br />in the development agreement; <br />(b) They are essential to the public health, safety, or welfare, and expressly state <br />that they shall apply to a development that is subject to a development agreement; <br />(c) They are specifically anticipated and provided for in the development <br />agreement; <br />(d) The local government demonstrates that substantial changes have occurred in <br />pertinent conditions existing at the time of approval of the development agreement; <br />or <br />(e) The development agreement is based on substantially inaccurate information <br />supplied by the developer. <br />Nothing in this section shall be deemed to abrogate any rights of the Developer or the <br />County that may vest pursuant to common law. <br />10 <br />5950481.v 1 <br />