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5.1.3 Offsite Mitigation Measures. The parties acknowledge and agree that the offsite mitigation measures which must be funded or constructed by Owner are as set forth in Exhibit D to this Agreement. 5.1.4 Limit on Fast Food and Take Out Restaurants. At no time during the term of this Agreement shall the Project include retail space which is devoted to "fast food" and "take out" restaurants. For purposes of this Agreement, a restaurant shall not be deemed to be a "take out" restaurant if it provides sit-down dining areas and primary table service for ordering and delivering meals and beverages, and take out service ancillary to such services. 5.15 Point of Sale for Construction Materials. To the extent permitted by law, Owner agrees that the "point of sale" for sales tax purposes for all purchases of building or construction materials for the Project, including all related goods and services, shall be the City of Santa Ana. 5.2 Exclusion from Existing Rules, Regulations and Policies. Pursuant to Government Code Section 65866, and Pardee Construction Co. v. City of Camarillo (1984) 37 Ca1.3d 465,208 Cal.Rptr. 228,690 P.2d 701, the City retains the right to enact police power regulations on matters not covered by this Agreement, including without limitation the following ("Reserved Powers"): a. Municipal laws and regulations which, Owner hereby agrees and acknowledges, do not and shall not be interpreted to interfere with Owner's vested rights to develop and use the Property in accordance with this Agreement. Owner and its successors and assigns and all persons and entities in occupation of any portion of the Property shall comply with such non-conflicting laws and regulations as may from time to time be enacted or amended hereafter. Specifically, but without limitation on the foregoing, such non-conflicting laws and regulations include the following: (1) Existing 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 Ana 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. b. No vested rights as to any requirements in this section 5.2 either as to existing or future regulations, ordinances, policies, and plans are hereby conferred. 5.3 Design and Construction Standards and Specifications. The design and construction standards and specifications for all Project construction, shall be subject to 8 75A-43