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<br />134 <br /> <br />ORDINANCE NO. NS-2107 <br /> <br />. <br />"9. Effect of Aareement on Land Use Reaulations. <br />The parties hereby agree that, for the term of this <br />Development Agreement, as amended, following the <br />effective date of the Second Amendment to this <br />Development Agreement, the rules, regulations and <br />official policies governing the design, improvement and <br />construction standards and specifications applicable to <br />development of the Property shall be those rules, <br />regulations and official policies in force at the time <br />of the effective date of said Second Amendment, except <br />Freedom and Register shall be subject to changes in the <br />building codes and construction specifications, <br />occurring from time to time, which are not inconsistent <br />with paragraph 6 of the Development Agreement, as <br />amended, provided that such changes: (i) are found by <br />the City Council to be in the best interests of the <br />health and safety of its citizens and (ii) are generally <br />applicable to all other applicants in the city. <br />Notwithstanding the foregoing Freedom and Register shall <br />pay those processing, inspection and other fees and <br />charges required by City in connection with development <br />of the Property provided that such fees and charges are <br />generally' applicable to all other developments wi thin <br />the City. This Agreement does not prevent City in <br />subsequent actions applicable to the Property from <br />applying new rules, regulations and policies which do <br />not conflict with those rules, regulations and policies <br />applicable to the Property as set forth in paragraphs 6 <br />or 9 of the Development Agreement, as amended. This <br />Agreement does not prevent Ci ty from denying or <br />conditionally approving any subsequent development <br />project application submitted for other real property <br />which is not related to the property or this Agreement <br />on the basis of existing or new rules, regulations and <br />policies." ' <br /> <br />9. Paragraph 13 of the Development Agreement is hereby <br />amended to read as follows: <br /> <br />"13. Environmental mitiaation measures. In its <br />development and use of the Property, Freedom and <br />Register shall comply with all the mitigation measures <br />set forth in chapter 3.0 of the E.I.R., provided, <br />however, that Freedom and Register shall not be <br />responsible for any mitigation measure which is to be <br />carried out by the California Department of <br />Transportation in connection wi th the widening of the <br />1-5 freeway." <br /> <br />-4- <br />