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v l~. Amendment or Csncell#~ign. This Development Agreement may be amended or cancelled in whole or in part only by Government Code Sections 65868, 65867 and 65867.5. 12. Vestlnq of Development Riqhts. (a) General Statement. As a material inducement to the Developer and its lenders to contlnue with diligent efforts to promote the development of the Property, the City desires to cause all development rights which may be required to develop to Completion the Property with buildings and related improvements consistent with the SD, to be deemed vested in Developer, as of the date of this Development Agreement, to the greatest extent permitfed by law, and to be free of all discretionary rights of the City or any body or subsequent building moratoriums or restrictions on development which are inconsistent with this Agreement. (b) Existing Rules to Govern. In accordance with the terms of Government Code Section 65866, the Cify and the Developer agree that the ordinances, rules, regulations and official policies of the City, including the SD (collectively, the "Existing Development Regulations") in effect as of the date of this Agreement governing the design, density, permitted land uses, improvement and construction standards applicable to the Development shall govern during the Term of this Agreement. Except as othe£wise provided in to any of the Existing Development Regulations without Developer's written approval, whether adopted or approved by the City Council or any office, board, commission or other Agency of the City, or hy the people of the City through charter amendment or initiative measure, shall be effective or enforceable by the City with respect to the Development, its design, grading, construction, remodeling, use or occupancy~ schedule of development. (c) Definition of "Existing Developmen~ Regulations". As used herein, NExisting Development Regulations" shall not include municipal laws and regulations which do not conflict with Developer's vested rights to develop and uae the Property in accordance with the SD. Developer and its successors and assigns and all persons and entities in occupation of any portion of the Property shall comply with such non-conflictin~ laws and regulations as may from time to time be enacted or amended hereafter. 8pecifically, but without limitation on the foregoing, such non-conflicting laws and regulations include the following: (1) Taxes, assessments, fees and charges; (2) Building, electrical, mechanical, fire and similar codes based upon uniform codes incorporated by reference into the Santa Ana Municipal Code; (3) haws, including zoning code provisions, which regulate the manner in which business activities may be conducted or which prohibit any particular type of business activity on a city-wide basis; (4) Procedural rules. -5-