75A - PH - AMEND DEV AGMT 1901 E FIRST ST

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north side and fee title along the south side of the Project) as is necessary to effectuate the Metro East Public Realm Improvement Plan adopted contemporaneously with the Project. Owner shall not be required to dedicate additional land pursuant to any amendments to said Plan which may or-may-occur following its adoption. Owner shall be entitled to an offset against its obligations under sestienSec.ti_on 5.7 of this Fi s ended and Restated Develoament Agreement for such property. 5.2 5-x1-Exclusion from Existing Rules, Regulations and Policies. La) (4-)-Pursuant to Government Code Section 65866; and Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, 208 Cal.Rptr. 228, 690 P.2d 701, City retains the right to enact police power regulations on matters not covered by section io 5.1 of this First Amended and Restated Deve-Logftmt Agreement, including without limitation: (--)-Municipal laws and regulations which do not interfere with Owner's vested rights to develop and use the Property in accordance with sestionSectiort 5.1 of this First Amended and Restated Development Agreement, Owner and its successors and assigns and all persons and entities in occupation of any portion of the Property shall comply with such non-conflicting laws and regulations as may from time to time be enacted or amended hereafter. Specifically, but without limitation on the foregoing, such non-conflicting laws and regulations include the following: (a)-Taxes, assessments, fees and charges, except as otherwise specifically provided in this First Amended-- n-d Restated Development Agreement; (4)-Building, electrical, mechanical, fire and similar codes based upon uniform codes incorporated by reference into the Santa Ana Municipal Code; (5y-Laws, including zoning code provisions, which regulate the manner in which business activities may be conducted or which prohibit any particular type of business activity on a city-wide basis; and (6yProcedural rules of general City-wide application. (*3gQ0671iM4217YI-Mm"t1 32v25 _15- 75A-71