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4.3.5 Prepayment. In no event shall the prepayment of any Development Impact Fees <br />required hereunder establish a vested right on the part of OWNER or any other <br />owner of the Property or any person or entity with an interest therein to develop <br />the Project or the Property following the expiration, cancellation or termination of <br />the Term of this Agreement. Following the expiration, cancellation or termination <br />of this Agreement, all Development Impact Fees then in effect shall be applicable <br />to the Project and Property notwithstanding any provision of this Agreement and <br />notwithstanding the prepayment of the Development Impact Fees set forth in <br />Exhibit "D", any increase or amendment of any Development Impact Fee, or any <br />combination thereof. <br />4.4 Dedication of On -Site Easements and Rights of Way. OWNER shall dedicate to CITY all <br />on -site rights of way and easements deemed necessary for public improvements as <br />indicated on the approved Development Plan for the Project within 15 days of receipt of <br />written demand from CITY. <br />4.5 Timing of Construction of Off -Site Infrastructure. Approval of any issuance of final <br />approval for occupancy on the Property shall be conditioned upon CITY's deterrnination, <br />in its sole discretion, that sufficient progress is being made on construction of off -site <br />infrastructure serving development of OWNER's Property. <br />4.6 Santiago Park Access. OWNER shall grant the CITY a public use, access, ingress, and <br />egress easement in perpetuity on and within the Development to provide public access to <br />Santiago Park. The scope, location, and all aspects of the easement shall meet the <br />requirements reasonably set forth by the City as determined by the Executive Directors of <br />the Parks, Recreation and Community Services, Public Works, and the Planning and <br />Building Agency and consistent with the conceptual design as described/depicted on <br />Exhibit "F". <br />4.6.1 OWNER shall be responsible for the ongoing maintenance of the easement area. <br />The easement area shall be maintained consistent with CITY standards and to <br />CITY'S reasonable satisfaction at all times. <br />4.6.2 Reserved. <br />4.6.3 Reserved. <br />4.7 Housing Opportunity Ordinance. Project shall comply with the requirements of the <br />Housing Opportunity Ordinance (the "HOO") in effect on the Effective Date. <br />4.8 Overcrowding Mitigation Implementation Plan. Based on U.S. Census figures, the City of <br />Santa Ana has one of the highest average number of people per household in the nation at <br />4.34 people per household. OWNER commits to limit occupancy of the residential units <br />within the project site to levels in compliance with local, state and federal fair housing <br />standards. Prior to applying to the CITY for occupancy permit, the OWNER shall submit <br />to the CITY an Overcrowding Mitigating Implementation Plan. Prior to changing or <br />revising the implementation plan, Owner shall provide a 60-day minimum written notice <br />to the City Community Development Agency and the Planning and Building Agency <br />informing of any proposed changes or revisions. <br />4.9 Local Live -Work Preference. Prior to issuance of any Building Permits, OWNER shall <br />55394.00002\31553187.13 <br />#21124v3 11 A-32 <br />