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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 police
<br />power to protect the health, safety, and welfare of the public. This police power, exercised in
<br />accordance with Section 5.2 of this Agreement, is paramount to any rights or obligations created
<br />or existing between the parties.
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<br />5.7 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.
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<br />5.8 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 of this Agreement, which shall be applicable to the Project or the Property provided that
<br />they (I) are standard fees applicable to all development in the City (although actual fee rates may
<br />vary within the City where bona fide less-than-citywide fee zones have been established), (2) are
<br />not applicable primarily or only to this Project, or (3) are not imposed to either (a) mitigate,
<br />offset or compensate for Project impacts which were analyzed in the negative declaration
<br />prepared for the Project, or (b) duplicate any project design features conditions of approval,
<br />agreements, or mitigation measures contained in the Development Plan or this Agreement.
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<br />5.9 Intentionally Not Included.
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<br />5.10 Development, Construction, Installation and Maintenance of Public
<br />Art. In consideration for the extraordinary and significant benefits set forth in this Section, the
<br />Owner has been legally vested under Section 5.2 with regard to the permitted uses ofland,
<br />density, and intensity of use, Owner shall cause the design, construction, installation and
<br />maintenance of a work of public art on the Property.
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<br />The work of public art shall be placed on the Property in a location, as approved by the
<br />Executive Director of the Planning and Building Agency, that will provide the greatest
<br />opportunity for viewing by the general public. It is to be located in an open area viewable from
<br />the public right of way, or on the exterior of an assembly.
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<br />The Owner shall expend $25,000 at a minimum on the work of public art. This minimum
<br />expenditure may include the work of public art itself (and rendering costs if applicable), the cost
<br />of constructing any structure (e.g., a pad) to enable display of the work of public art, the artist's
<br />fee if separate, and identification plaque(s). This minimum expenditure shall not include any
<br />other cost, including but not limited to any costs ofland, publicity, administrative costs, art
<br />consultant's fee, transportation costs, utility costs to illuminate the artwork, or maintenance
<br />costs.
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