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<br />herewith. No fees, exactions, mitigation measures or dedications shall be required with respect
<br />to such area until development commences thereon.
<br />
<br />h In consideration of the ahove, and the extraordinary and ',ir:nificant
<br />henefits that Owner acknowledr:es and arrees that it has received in executinr: this Arreement,
<br />Owner voluntarily waives any claim, and holds harmless the City, its officers, agents and
<br />employees from any claim that damages jllst compensation, restitution, judicial or eqllitahle
<br />reliefis due hy reason of the terms ofor effects arising from this Agreement or the Project, other
<br />than a hreach hy the City of its ohl igations hereunder Said waiver and hold harmless shall he in
<br />addition to that set forth in other provisions of this Ar:reement, includinr: hut not limited to
<br />section 4 7
<br />
<br />5.5 Future Discretionary Approvals. This Agreement shall not prevent the
<br />City, when considering requests for discretionary approvals not covered by this Agreement
<br />subsequent to the effective date of this Agreement from applying new rules, regulations, and
<br />policies which are applicable to the Property, including but not limited to, material changes in
<br />the general plans, specific plans, zoning, subdivision or building regulations, nor shall this
<br />Agreement prevent the City from denying or conditionally approving any subsequent
<br />applications for discretionary land use entitlements based on such existing or new rules,
<br />regulations, and/or policies; provided however, that such new rules, regulations, and official
<br />policies are of general application to all development within the City and are not imposed solely
<br />with respect to the subject property. In addition, this Agreement shall not prevent the City from
<br />exercising its police power to protect the health, safety, and welfare of the public. This police
<br />power, exercised in accordance with Section 5.2 of this Agreement, is paramount to any rights or
<br />obligations created or existing between the parties.
<br />
<br />5.5.1 Minor Changes. Upon application of Owner, the Executive Director may
<br />approve minor modifications to the discretionary approvals vested pursuant to this Agreement,
<br />provided that such changes are consistent in scope and intention with such approvals. The
<br />Executive Director has the sole and absolute discretion to determine what constitutes a "minor
<br />modification. "
<br />
<br />5.6 Processing Fees. All fees and charges intended to cover the City's costs
<br />associated with processing development of the Property, including but not limited to fees and
<br />charges for applications, processing, inspections, plan review, plan processing, and/or
<br />environmental review, which are existing or may be revised or adopted during the term of this
<br />Agreement, shall apply to the development of the Property.
<br />
<br />5.7 Amendments or Additions to Citywide Fee Programs. This Agreement
<br />shall not preclude the inclusion of and changes to fee programs, taxes whether special or general,
<br />or assessments (hereafter collectively referred to as "fees") adopted by the City after the
<br />effective date of this Agreement, which shall be applicable to the Project or the Property
<br />provided that they (1) are standard fees applicable to all development in the City (although actual
<br />fee rates may vary within the City where bona fide Citywide fee zones have been established),
<br />(2) are not applicable primarily or only to this Project, or (3) are not imposed to either (a)
<br />mitigate, offset or compensate for Project impacts which were analyzed in the negative
<br />declaration prepared for the Project, or (b) duplicate any exactions, project design features,
<br />
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<br />75A-233
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