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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 />5.5 Future Discretionary Approvals. This Agreement shall not prevent the
<br />City, when considering requests for discretionary approvals not covered by Section 5.1 of this
<br />Agreement subsequent to the effective date of this Agreement, from applying new rules,
<br />regulations, and policies which are applicable to the Property, including but not limited to,
<br />changes in the general plans, specific plans, zoning, subdivision or building regulations, nor shall
<br />this Agreement prevent the City from denying or conditionally approving any subsequent
<br />applications for land use entitlements based on such existing or new rules, regulations, and/or
<br />policies; provided, however, that such new rules, regulations, and official policies are of general
<br />application to all development within the City and are not imposed solely with respect to the
<br />subject property. In addition, this Agreement shall not prevent the City from exercising its police
<br />power to protect the health, safety, and welfare of the public. This police power, exercised in
<br />accordance with Section 5.2 of this Agreement, is paramount to any rights or obligations created
<br />or existing between the parties.
<br />5.6 Processing Fees. All fees and charges intended to cover City 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 />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 effective
<br />date of this Agreement, which shall be applicable to the Project or the Property provided that
<br />they (1) are standard fees applicable to all development in the City (although actual fee rates may
<br />vary within the City where bona fide Citywide fee zones have been established), (2) are not
<br />applicable primarily or only to this Project, and (3) are not imposed to either (a) mitigate, offset
<br />or compensate for Project impacts which were analyzed in the negative declaration prepared for
<br />the Project, or (b) duplicate any project design features conditions of approval, Agreements, or
<br />mitigation measures contained in the Development Plan or this Agreement. The current
<br />entitlement fees shall be locked in as of the date of this Agreement, and there shall be no
<br />additional entitlement fees for the Project. However, building permit fees, including fees for now
<br />permits required after the date of this Agreement, will not be locked in at any rate, but rather will
<br />be the amount at the time of pulling building permits. Any deferral of development impact fees
<br />will only be allowed in accordance with Santa Ana Ordinance No. NS-2811 adopted by the Santa
<br />Ana City Council on February 22, 2011.
<br />5.8 Development, Construction and Completion of Work of Public Art.
<br />In consideration for the extraordinary and significant benefits set forth in this Section, the Owner
<br />has been legally vested under Section 5.1 with regard to the zoning, permitted uses, density,
<br />height, setback, design, size of structure and intensity of use of the Property. Owner shall include
<br />within the Project at a prime location visible to the public, a single or grouped permanent work of
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