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4.3.3 Fee Credits. OWNER shall be entitled to credit against the fees required pursuant to Subsection 4.2.1 for the dedication of land. the construction of improvements or the payment of lees as specifically set forth in Exhibit "E. 4.3.4 Future Development Impact Fee Program Changes. The parties herebv agree that. in addition to the Development Impact Fees included in Exhibit -D the project shall be subject to any increase in fees, or amendment or alteration, of Development Impact Fee programs in effect on the Effective Date. 4.3.5 Prepayment. In no event shall the prepayment of any Development Impact Fees required hereunder establish a vested right on the part of OWNER or any other owner of the property or any person or entity with an interest therein to develop the Project or the property following the expiration, cancellation or termination of the Term of this Agreement. Following the expiration, cancellation or termination of this Agreement, all Development Impact Fees then in effect shall be applicable to the project and property notwithstanding any provision of this Agreement and notwithstanding the prepayment of the Development Impact Fees set forth in Exhibit "D". any increase or amendment of any Development Impact Fee, or any combination thereof. Nothing contained in this Subsection 4.3.5 shall be construed as limiting the right of OWNER to a credit against any Development Impact Fees as set forth in Section 4.3.3 hereof. 4.4 Dedication of On -Site Easements and Rights of Way. OWNER shall dedicate to CITY all on -site rights of way and easements deemed necessary for public improvements as indicated on the approved Development plan for the project within 15 days of receipt of written demand from CITY. 4.5 Timing of Construction of Off -Site Infrastructure. Approval of any issuance of final approval for occupancy on the property shall be conditioned upon CITY's determination, in its sole discretion, that sufficient progress is being trade on construction of off -site infrastructure serving development of OWNER's property. 4.6 Santiago park Access. OWNER shall grant the City a public use, access, ingress, and egress easement in perpetuity on and within the Development to provide public access to Santiago park. The scope, location, and all aspects of the easement shall meet the requirements reasonably set forth by the City as determined by the Executive Directors of the parks, Recreation and Community Services, public Works, and the Planning and Building Agency and consistent with the conceptual design as describe& depicted on Exhibit F 4.6.1 Owner shall be responsible for the ongoing maintenance of the easement area. The easement area shall be maintained consistent with City standards and to Citv's reasonable satisfaction at all times. 4.6.2 Reserved. 4.6.3 Reserred. 4.7 1lousing Opportunity Ordinance. Project shall comply with the requirements of the I lousing Opportunity Ordinance (the -HOO") in effect on the Effective Date. 16- ii3e4.IXNN)r315531 M7.13