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4.3.5 Prepayment. In no event shall the prepayment of any Development Impact Fees required hereunder establish a vested right on the part of OWNER or any other owner of the Property or any person or entity with an interest therein to develop the Project or the Property following the expiration, cancellation or termination of the Term of this Agreement. Following the expiration, cancellation or termination of this Agreement, all Development Impact Fees then in effect shall be applicable to the Project and Property notwithstanding any provision of this Agreement and notwithstanding the prepayment of the Development Impact Fees set forth in Exhibit "D", any increase or amendment of any Development Impact Fee, or any combination thereof. Nothing contained in this Subsection 4.3.5 shall be construed as limiting the right of OWNER to a credit against any Development Impact Fees as set forth in Section 4.3.3 hereof. 4.4 Dedication of On -Site Easements and Rights of Way. OWNER shall dedicate to CITY all on-site rights of way and easements deemed necessary for public improvements as indicated on the approved Development Plan for the Project within 15 days of receipt of written demand from CITY. 4.5 Timing of Construction of Off -Site Infrastructure. Approval of any issuance of final approval for occupancy on the Property shall be conditioned upon CITY's determination, in its sole discretion, that sufficient progress is being made on construction of off-site infrastructure serving development of OWNER's Property. 4.6 Santiago Park. OWNER has made certain requests of CITY related to the use of Santiago Park for ingress and egress to the Project. Lr consideration for the use of certain roadways to access the Project, as more particularly described/depicted on Exhibit F, OWNER shall do the following: 4.6.1 Any park property utilized for access into the Project shall be replaced with equivalent land (equal in size and appraised value) as required by the LWCF Grant Conditions. 4.6.2 OWNER shall, at OWNER's sole cost and expense, prepare any and all documents required by the LWCF Grant for review and submission to the State of California; 4.7 Houshig Opportunity Ordinance. Project shall comply with tate requirements of the Housing Opportunity Ordinance (the "HOO") in effect on the Effective Date. 4.8 Overcrowding Mitigation Implementation Plan. The City of Santa Ana has one of the highest average number of people per household in the nation at 4.34 people per household. Owner commits to limit occupancy of the residential units within the project site to levels in compliance with local, state and federal fair housing standards. Prior to applying to the City for occupancy permit, the Owner shall submit to the City an Overcrowding Mitigating Implementation Plan. Prior to changing or revising the implementation plan, Owner shall provide a 60 -day minimum written notice to the City Community Development Agency and the Planning and Building Safety Agency informing of any proposed changes or revisions. -16- 55394.00002U1553187.10 75E-142