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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> (3) Laws, including zoning code provisions, which regulate the manner <br /> in which business activities may be conducted or which prohibit any particular type of <br /> business activity on a city-wide basis; and <br /> (4) Procedural rules of general City-wide application. <br /> <br /> C. In recognition of the need for City services, including but not limited to <br /> police, fire and park, to meet the demand generated by new, cumulative residential development in <br /> the City, District, Owner will not object to participation in a community facilities district, <br /> assessment district, or other similar funding mechanism, to provide funds for such services, should <br /> any such a mechanism be established. <br /> <br /> d. No vested rights as to any requirements in this section either as to existing <br /> or future regulations, ordinances, policies, and plans are hereby conferred. <br /> <br /> 5.3 Design and Construction Standards and Specifications. The design <br /> and construction standards and specifications for all Project construction, including without <br /> limitation the facilities set forth in the Public Art Plan, shall be subject to applicable design <br /> standards and guidelines in effect at the time that any development approval shall be sought for <br /> the Project or any unit or structure contained within the Project. <br /> 5.4 FAA Approval. Owner shall obtain and maintain, during the term of the <br /> agreement, any and all necessary approvals from the FAA for the Project. Should such approvals <br /> lapse, and not be reinstated or reapproved prior to the issuance of the first building permit, the <br /> City shall have the right to terminate the agreement. <br /> <br /> 5.4.1. Avigation Easement. The Owner shall, prior to issuance of the first <br /> building permit for the Project, execute an avigation easement in a form approved by the City <br /> Attorney, which shall be recorded with the Recorder of the County of Orange. The avigation <br /> easement shall prohibit any and all claims, actions or lawsuits of any kind or type for nuisance or <br /> interference with use and enjoyment of the underlying Property or the Project including but not <br /> limited to noise, sound, vibration, fames, fael particles, dust, discomfort or other environmental <br /> effects incident to aircraft operations as well as any inconvenience or annoyances caused by the <br /> operations of the John Wayne Airport (SNA). The avigation easement shall grant the right to <br /> -enter or penetrate into or transmit through the airspace above, on or in the vicinity of the Property <br /> for the unobstructed use, passage or operation of all types of aircraft and the right to create or <br /> generate all things and consequences to the Property that may be, or may be alleged to be, <br /> incident to or resulting from the use of said Airspace and any and all related aircraft and airport <br /> operation. The City shall be the benefited party in the avigation easement, but said easement <br /> shall be assignable by the City to a third party, including but not limited to John Wayne Airport <br /> (SNA), without consent of Owner. <br /> 5.^2Limit on Fast Food and Talie Out Restaurants. At no time shall the <br /> Oy,%er permit more than 3,000 sq:ua-re feet of the fetail spaeo in the Pf-ojec-4 f-A deveted to "fas <br /> food" and "take out" restatirai#s. For purposes of this Agreement, a resta-urant shall no! be <br /> <br /> <br /> <br /> <br /> 75A-134 <br />