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4.3.5 Pre a nicnt. 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. 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 Tuning 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 Access. OWNER shall grant the CITY a public use, access, ingress, and egress easement in perpetuity on and within the Development to provide public access to Santiago Park. The scope, location, and all aspects of the easement shall meet the requirements reasonably set forth by the City as determined by the Executive Directors of the Parks, Recreation and Community Services, Public Works, and the Planning and Building Agency and consistent with the conceptual design as described/depicted on Exhibit "F". 4.6.1 OWNER shall be responsible for the ongoing maintenance of the easement area. The easement area shall be maintained consistent with CITY standards and to CITY'S reasonable satisfaction at all times. 4.6.2 Reserved. 4.6.3 Reserved. 4.7 Housing Opportunity Ordinance. Project shall comply with the requirements of the Housing Opportunity Ordinance (the "H00") in effect on the Effective Date, 4.8 Overcrowding Mitigation Implementation Plan. Based. on U.S. Census figures, 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 cornmits to limit occupancy of the residential units within the project site to levels in compliance with local, state and federal fair mousing standards. Prior to applying to the CITY for occupancy permit, the OWNER shall submit to the CITY an Overcrowding Mitigating Implementation Platt. 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 Agency informing of any proposed changes or revisions. 4.9 Local Live -Work Preference. Prior to issuance of any Building Permits, OWNER shall 55394.00002\31553187.13 #21124v3 Ordinance NS-2979 Page 27 of 59