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50B such non-conflicting laws and regulations include the following: (1) Taxes, assessments, fees and charges, except as otherwise specifically provided in this Development Agreement; (2) Building, electrical, mechanical, fire and similar codes based upon uniform codes incorporated by reference into the Santa Aha Municipal Code; (3) Laws, 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; and (4) Procedural rules of general City-wide application. 6. Reserved 7. Processing of Applications and Permits. Developer acknowledges and agrees that there are numerous other discretionary and ministerial entitlements, permits and other approval yet to be issued by the City for the Development before it may be completed. Developer further acknowledges and agrees that nothing set forth herein shall impair or interfere with the right of the City, consistent with Existing Development Regulations, to require the processing, reviewing, conditionally granting (or deny where appropriate), applications for permits and entitlements, including but not limited to, grading, building, encroachment and other permits, site plans, subdivision or parcel maps and lot line adjustments, and development review, with respect to the Development and the use of the Property, pursuant to the applicable provisions of Chapter 41 of the City's Municipal Code. ~. Environmental Review/Mitigation Monitoring Plan. In connection with its approval of the Development, a Final Environmental Impact Report ("EIR") was prepared and certified by the city Council on ~F~!~ ~A ,1997. Developer agrees to implement all those mitiga%ion measures set for in the Mitigation Monitoring Plan attached here as Exhibit D. 9. Periodic Review of Compliance. In accordance with Government Code Section 65865.1, the City shall review this Development Agreement at least once each calendar year hereafter. At such periodic reviews, Developer must demonstrate its good faith compliance with the terms of this Development 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 Development Agreement if the City is not entitled by the 5