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case to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over the parties' agreement,it is the specific intent of the parties to provide for the timing of the Project in this Agreement.To do so,the parties acknowledge and provide that Owner shall have the right,but not the obligation,to complete the Project in such order,at such rate, at such times, and in as many development phases and sub-phases as Owner deems appropriate in its sole subjective business judgment, except for the following: 3.5.1. No building permits for residential units shall be issued in excess of 1,875 residential units unless and until Owner commences construction activities for at least 175,000 square feet of commercial development. Owner may construct commercial square footage beyond 175,000 square feet if and when such additional commercial development is supported by market conditions, as determined by Owner in its sole discretion. Owner understands that commercial development is a priority to the City and agrees to exercise its discretion in good faith. 3.5.2. No less than 35,000 square feet of commercial development in Phase 1 or Phase 2(as shown on Specific Plan Figure 6-2) shall consist of a grocer. 3.6. Moratoria. Except as specifically set forth in this section, City agrees that to the extent permitted by law,no moratorium or other similar limitation(whether relating to the rate,timing, or sequencing of the development of the Project or any part thereof and whether or not enacted by local initiative or otherwise)affecting subdivision maps, grading or building permits,occupancy certificates, or other entitlements approved, issued, or granted within the City, after the Effective Date of this Agreement, shall apply to the Project. Owner acknowledges and agrees that the provisions hereof shall not preclude the application to the Project of a moratorium or other similar limitation(of the type described in the preceding sentence) enacted in order to protect an imminent threat to the public health or safety. 3.7. Development Agreement/Project Approvals. In the event of any inconsistency between any Existing Land Use Regulation and a Project Approval,the provisions of the Project Approval shall control. In the event of any inconsistency between any Existing Land Use Regulation or Project Approval and this Agreement, the provisions of this Agreement shall control. 4. PUBLIC AND COMMUNITY SAFETY BENEFITS. 4.1. Public Benefits. The Project is expected to bring significant fiscal benefits to the City. The Project will also serve to implement the City's General Plan vision for the Property,which has long been designated as a District Center where intense mixed-use development is encouraged. In addition, Owner has committed by this Agreement to contribute the public and community safety benefits, as provided below. 4.2. Community Benefits. 4.2.1. Santa Ana Police Department Substation: Prior to or concurrent with the construction completion of the Project's Phase 1, as contemplated by the Development Approvals), Owner shall provide City,upon the City's written request,with exclusive use of a 500 square foot space and 3 dedicated parking stalls within the Property for use by the Santa Ma Police Department as an administrative substation. This substation space and parking stalls will be owned by Owner but improved(tenant improvements), operated and maintained by the Santa Ana Police Department. The final location of the substation and its parking stalls are -15-