ORIENT CORPORATION OF AMERICA, INC. (2)

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specific improvements proposed for the Development pursuant to the applicable provisions of Chapter 41 of the City's Municipal Code; provided, however, no such review shall authorize or permit the City to impose any condition and/or withhold approval to any proposed building the result of which would be inconsistent with any term or provision of this Development Agreement or the Approvals. In the event the Developer requests any density conversion or changes to the conceptual site plan approved for the Development as part of the Plan, the City may impose conditions on its approval of such request which, in the reasonable and good faith judgment of the City, are designed to mitigate or avoid new or increased adverse effects which might otherwise occur because of the conversion or change. It is further agreed that City in all events shall promptly provide in writing clear reasons for any disapproval in the event that the City disapproves any building as proposed. 7. Utility capacity. It is hereby agreed that City will not undertake any act or neglect to perform any act or duty which would impair or inhibit Developer's receipt of water, sewer service or storm drain, the fees for which Developer has paid or is willing to pay to City for such service. The City hereby represents that it currently has, or will have, sufficient sewer, water and storm drain capacity for the entire development of the Property. a. Reservations and Dedications; subdivision. It is hereby further understood and agreed that no reserva- tions or dedications of land will be required by the City during the Term (as herein defined) except as part of the conditions imposed in connection with the approval of the Map, or as otherwise agreed to in writing by the City and Developer, except that, (a) in the event the City installs traffic signals at an intersection adjacent to the Property, Developer agrees to provide the City with an easement for the installation of underground traffic signal appurtenances, if it is necessary for such appurtenances to encroach into the Property, or (b) in the event that Developer applies for a revised site plan for the Development which reasonably requires the relocation of turn -lane right-of-way indentations into the Property, the City may condition its approval of such revised site plan on the dedication of such new right-of- way indentations. Nothing herein shall be construed to limit the City's power of eminent domain. The City agrees, upon application by the Developer, to allow for a resubdivision of the Property or the modification of the boundary lines between proposed phases or parcels of development.pursuant to a lot line adjustment, provided Developer complies with the Subdivision Map Act and City procedures adopted pursuant to that Act. The City agrees not to impose any new or additional requirements or conditions upon any such resubdivision or lot line adjustment, other than those imposed upon 7