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<br />Project; provided, however, that Owner may close part or all of the public parking lot so long as
<br />it necessary to perform testing on the Property necessary for geotechnical or foundation purposes,
<br />or to investigate whether hazardous materials may exist on the Property. The limitation of this
<br />Section 5.4 shall expire and be of no further force and effect upon Owner',s commencement of
<br />construction on the Property pursuant to a City issued demolition, foundation or building permit.
<br />
<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 from applying new rules, regulations, and policies which are
<br />applicable to the Property, including but not limited to, material changes in the general plans,
<br />specific plans, zoning, subdivision or building regulations, nor shall this Agreement prevent the
<br />City from denying or conditionally approving any subsequent applications for discretionary land
<br />use entitlements based on such existing or new rules, regulations, and/or policies; provided
<br />however, that such new rules, regulations, and official policies are of general application to all
<br />development within the City and are not imposed solely with respect to the Property. In
<br />addition, this Agreement shall not prevent the City from exercising its police power to protect the
<br />health, safety, and welfare of the public. This police power, exercised in accordance with
<br />Section 5.2 of this Agreement, is paramount to any rights or obligations created or existing
<br />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 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 Effective
<br />Date, which shall be applicable to the Project or the Property provided that they (I) are standard
<br />fees applicable to all development in the City (although actual fee rates may vary within the City
<br />where bona fide Citywide fee zones have been established), (2) are not applicable primarily or
<br />only to this Project, or (3) are not imposed to either (a) mitigate, offset or compensate for Project
<br />impacts which were analyzed in the mitigated negative declaration prepared for the Project, or
<br />(b) duplicate any exactions, project design features, conditions of approval, Agreements, or
<br />mitigation measures contained in the Development Plan 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
<br />Agreement, the Owner has been legally vested under Section 5.1 with regard to the permitted
<br />uses ofland, density, and intensity of use, Owner shall include within the Project at one or more
<br />
<br />Ordinance NS-2700
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