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<br />5.5 Future Discretionary Approvals. This Agreement shall not prevent the
<br />City, when considering requests for discretionary approvals not covered by this Agreement
<br />subsequent to the effective date of this Agreement from applying new rules, regulations, and
<br />policies which are applicable to the Property, including but not limited to, material changes in
<br />the general plans, specific plans, zoning, subdivision or building regulations, nor shall this
<br />Agreement prevent the City from denying or conditionally approving any subsequent
<br />applications for discretionary land use entitlements based on such existing or new rules,
<br />regulations, and/or policies; provided however, that such new rules, regulations, and official
<br />policies are of general application to all development within the City and are not imposed solely
<br />with respect to the subject property. In addition, this Agreement shall not prevent the City from
<br />exercising its police power to protect the health, safety, and welfare of the public. This police
<br />power, exercised in accordance with Section 5.2 of this Agreement, is paramount to any rights or
<br />obligations created or existing between the parties.
<br />
<br />5.5.1 Minor Changes. Upon application of Owner, the Executive Director may
<br />approve minor modifications to the discretionary approvals vested pursuant to this Agreement,
<br />provided that such changes are consistent in scope and intention with such approvals. The
<br />Executive Director has the sole and absolute discretion to determine what constitutes a "minor
<br />modification. "
<br />
<br />5.6 Processing Fees. All fees and charges intended to cover the City's costs
<br />associated with processing development of the Property, including but not limited to fees and
<br />charges for applications, processing, inspections, plan review, plan processing, and/or
<br />environmental review, which are existing or may be revised or adopted during the term of this
<br />Agreement, shall apply to the development ofthe Property.
<br />
<br />5.7 Amendments or Additions to Citywide Fee Programs. This Agreement
<br />shall not preclude the inclusion of and changes to fee programs, taxes whether special or general,
<br />or assessments (hereafter collectively referred to as "fees") adopted by the City after the
<br />effective date of this Agreement, which shall be applicable to the Project or the Property
<br />provided that they (1) are standard fees applicable to all development in the City (although actual
<br />fee rates may vary within the City where bona fide Citywide fee zones have been established),
<br />(2) are not applicable primarily or only to this Project, or (3) are not imposed to either (a)
<br />mitigate, offset or compensate for Project impacts which were analyzed in the negative
<br />declaration prepared for the Project, or (b) duplicate any exactions, project design features,
<br />conditions of approval, Agreements, or mitigation measures contained in the Development Plan
<br />or this Agreement.
<br />
<br />5.8 Development, Construction and Completion of Work of Public Art.
<br />In consideration for the extraordinary and significant benefits to the City set forth in this Section,
<br />the Owner has been legally vested under paragraph 5.1 with regard to the permitted uses ofland,
<br />density, and intensity of use, Owner shall include within the Project at one or more prime
<br />locations visible to the public from currently existing public right-of-way, one or more
<br />permanent works of public art (the "Public Art"). The Owner shall design and/or construct the
<br />facilities specified below prior to the corresponding triggering event specified in section 5.8.1
<br />below. The Public Art shall conform in all respects to Exhibit C of this Agreement, the "Public
<br />Art Locational Plan."
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