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City Clerk <br />20 Civic Center Plaza, 81h Floor <br />PO Box 1988 M-30 <br />Santa Ana, Ca 82702 <br />Copy to: <br />City Manager <br />City Attorney <br />Executive Director of Planning and Building Agency <br />If to OWNER: <br />AC 2525 MAIN, LLC <br />240 Newport Center Drive, Suite 200 <br />Newport Beach, CA. 92660 <br />Atm: Manager <br />Telephone: r 1 <br />Facsimile: r 1 <br />(c) Either party may, by notice given at any time, require subsequent <br />notices to be given to another person or entity, whether a party or an officer or representative of a parry, <br />or to a different address, or both. Notices given before actual receipt of notice of change shall not be <br />invalidated by the change. <br />DEVELOPMENT OF THE PROPERTY. <br />3.1 Rights to Develop. Subject to the ternls of this Agreement <br />including the Reservation of Rights, OWNER shall have a vested right to develop <br />the Property in accordance with, and to the extent of, this Agreement. Except as <br />expressly provided otherwise herein, the Project shall remain subject to all Existing <br />Land Use Regulations and Development Approvals. Except as otherwise provided <br />in this Agreement, and notwithstanding the authority of the CITY to further revise <br />the Land Use Regulations pursuant to Govetmnent Code section 65866, the <br />permitted uses of the Property, the density and intensity of use, the maximum <br />height and size of proposed buildings, and provisions for reservation and dedication <br />of land for public purposes shall be those set forth in the Land Existing Use <br />Regulations and Development Approvals. OWNER shall comply with all <br />mitigation measures required to be undertaken pursuant to any document prepared <br />in compliance with the California Environmental Quality Act with respect to the <br />Project. <br />3.2 Effect of Agreement on Land Use Regulations. Except as <br />otherwise provided under the terms of this Agreement including the Reservation of <br />Rights, the rules, regulations and official policies governing permitted uses of the <br />Property, the density and intensity of use of the Property, the maximum height and <br />size of proposed buildings, and the design, improvement and construction standards <br />and specifications applicable to development of the Property shall be the Existing <br />Land Use Regulations and Development Approvals. In connection with any <br />subsequently adopted Project Approvals and except as specifically provided <br />otherwise herein, CITY may exercise its discretion in accordance with the Land Use <br />-9- <br />55394.00002n1553187.10 <br />75E-135 <br />