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<br />regulations, and policies which are applicable to the Property, including but not limited to, <br />changes in the general plans, specific plans, zoning, subdivision or building regulations, nor shall <br />this Agreement prevent the City from denying or conditionally approving any subsequent <br />applications for land use entitlements based on such existing or new rules, regulations, and/or <br />policies; provided however, that such new rules, regulations, and official policies are of general <br />application to all development within the City and are not imposed solely with respect to the <br />subject property. In addition, this Agreement shall not prevent the City from exercising its <br />police power to protect the health, safety, and welfare of the public. This police power, <br />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 />5.6 Processing Fees. All fees and charges intended to cover City 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 of the 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 (I) 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 project design features conditions of <br />approval, Agreements, or mitigation measures contained in the Development Plan or this <br />Agreement. <br /> <br />5.8 Development, Construction and Completion of Work of Public Art. <br />In consideration for the extraordinary and significant benefits set forth in this Section, the Owner <br />has been legally vested under paragraph 5.1 with regard to the permitted uses of land, density, <br />and intensity of use, Owner shall include within the Project at a prime location visible to the <br />public, a single or grouped permanent work of public art (the "Public Art"). The Public Art <br />shall conform in all respects to Exhibit C of this Agreement. <br /> <br />10 <br />