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

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5 &12--Construction Standards and Specifications. The construction standards (e.g., the Uniform Codes) and specifications for all Project construction shall be subject to applicable construction standards and guidelines in effect at the time that any development approval shall be sought for the Project or any unit or structure contained within the Project. 5.4 €.13 FAA Approval. Owner shall obtain and maintain, during the term of the--agreemeetthis First Amended an"estated Development _Agrrgenient, any and all necessary approvals from the FAA for the Project. Should such approvals lapse; and not be reinstated or reapproved prior to the issuance of the first building permit, the City shall have the right to terminate the-agreementthis First Amended and Restated Development Agreement. U 6.14-Processing Fees. All fees and charges intended to cover City costs associated with processing development of the Property, including but not limited to fees and charges for applications, processing, inspections, plan review, plan processing, and/or environmental review, which are existing or may be revised or adopted during the term of this First Amended and Restated Development Agreement, shall apply to the development of the Property. 5.6 5.16 Amendments or Additions to Citywide Fee Programs. This First Amended and Restated Develument Agreement shall not preclude the inclusion of and changes to fee programs, taxes whether special or general, or assessments (hereafter collectively referred to as "fees") adopted by the City after the effective date of this Fi_r_st_.Am.c.nd a i -cL Restated Development Agreement, which shall be applicable to the Project or the Property provided that they (1) are standard fees applicable to all development in the City (although actual fee rates may vary within the City where bona fide Citywide fee zones have been established), (2) are not applicable primarily or only to this Project, or (3) are not imposed to either (a) mitigate, offset or compensate for Project impacts which were analyzed in the environmental impact report prepared for the Project, or (b) duplicate any project design features conditions of approval, Agreeme{atsagreements, or mitigation measures contained in this First mended and Restated Developmen Agreement: 5J 6-46-Community Facilities District or Other Financing Tool. Owner agrees to petition for, and fully support (including voting to establish, if required), the establishment of or annexation into a Community Facilities District or similar financing mechanism covering the Property, in order to fund the proposed project's fair share of eligible items, e.g., the costs of implementing the Metro East Public Realm Improvement Plan; provided, bs902([6761:lW237913533HMv25 -16- 75A-72