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sizes of buildings for the Development shall be aa set forth in the SD. (d) Fees; Charges. The fees, ~harges and exactions charged by City from time to time with respect to real estate development projects shall apply to the Development. 6. Processing of Applications and Permits. The City will accept the processing and review of all applications for permits or other entitlements with respect to the development and the use of the Property is accordance with this Agreement. It is understood by the parties to this Agreement that pursuant to existing law, development review approvals shall not remain valid for the term of this Agreement, but only for the term of such development review approvals. Accordingly, the Developer shall have the right to file such new development review applications on portions of the Development where such previously approved development review approvals have expired. Any such new development review applications filed for the Development shall be reviewed in accordance with the SD. 7. Development Review. Nothing set forth herein shall impair or interfere with the right of the City to require the processing of building permits as required by law and to conduct its development review of any specific improvements proposed for the Development pursuant to the applicable provisions of Chapter 41 of the City's Municipal Code which are in effect as of the date hereofl provided, however, no such review shall authorize or permit City to impose any condition and/or withhold approval to any proposed building the result of which would be inconsistent with any term or provision of this Agreement and it is hereby further agreed that the basis for the City's development review shall, to the degree possible, be limited to architectural design and compatibility with the standards and specifications set forth in the SD. It is further agreed that City shall in all events provide reasonable alternatives to the design and layout of any building in the event that the City disapproves any building as proposed. 8. Utility Capacity. It is hereby agreed that City will not undertake any act or neglect to perform any act or duty which would impair or inhibit Developer's receipt of water or sewer service, the fees for which Developer has paid or is willing to pay to City for such service. City hereby represents that it currently has sufficient water and sanitary sewage Capacity for the entire development of the Property. 9. Assignment. Except as limited by. the terms of the D.D.A., Developer shall have the right to sell, assign, or transfer all of its interest in the Property along with all of its right, title and interest in and to this Development Agreement to any person, firm or corporation at any time during the term of this Development Agreement without the consent of City. 10. Periodic Review of Compliance. In accordance with Government Code Section 65865.1, the City Council shall review this Agreement at least once each calendar year hereafter. At such periodic reviews, Developer must demonstrate its good faith compliance with the terms of this Agreement. Developer agrees to furnish such evidence of good faith compliance as the City, in the reasonable exercise of its discretion and after reasonable notice to Developer, may require. Developer shall be deemed to be in good faith compliance with this Agreement if the City is not entitled by the terms and provisions of this. Agreement to terminate this Agreement. -4-