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(2) No vested rights as to any requirements in this Section 5.1.1 either as to existing or future regulations, ordinances, policies, and plans are hereby conferred. 5.1.2 Design and Construction Standards and Specifications. The design and construction standards and specifications for all Sky Loft Project construction, shall be subject to applicable design standards and guidelines, including without limitation SD-59 and Chapter 4l of the Santa Ana Municipal Code, in effect at the time that any development approval shall be sought for the Sky Loft Project or any unit or structure contained within the Sky Loft Project. 5.1.3 Minor Changes. Upon application of Owner, the Executive Director may approve minor modifications to the discretionary approvals vested pursuant to this First Amendment, provided that such changes are consistent in scope and intention with such approvals. The Executive Director has the sole and absolute discretion to determine what constitutes a "minor modification." 5.1.4 Processing Fees. All fees and charges intended to cover the City's costs associated with processing development of the Sky Lofts Property, including but not limited to fees and charges for applications, processing, inspections, plan review, plan processing, and/or environmental review, which are existing or maybe revised or adopted during the term of this First Amendment, shall apply to the development of the Sky Lofts Property. 5.1.5 Amendments or Additions to Citywide Fee Programs. This First Amendment shall not preclude the inclusion of and changes to fee programs, taxes whether special or general, or assessments (hereafter collectively referred to as "fees") adopted by the City after the effective date of this First Amendment, which shall be applicable to the Sky Lofts Project or the Sky Lofts Property provided that they (1) are standard fees applicable to all development in the City (although actual fee rates may vary within the City where bona fide Citywide fee zones have been established), (2) are not applicable primarily or only to the Sky Lofts Project, or (3) are not imposed to either (a) mitigate, offset or compensate for Sky Lofts Sky Lofts Project impacts which were analyzed in the Environmental Impact Report prepared for the Sky Lofts Project, or (b) duplicate any exactions, project design features, conditions of approval, agreements, or mitigation measures contained in the Development Plan for this First Amendment. 5.2 Development, Construction and Completion of Work of Public Art and Other Consideration. In consideration for the extraordinary and significant benefits to the City set forth in this Section 5, the Owner has been legally vested under paragraph 5.1 with regard to the permitted uses of land, density, and intensity of use, Owner shall comply with the provisions of Section 5 of the First Amendment with respect to the Sky Lofts Project. 5.2.1. Schedule For Work of Public Art. Owner shall design, construct and maintain a work of public art only if it does not Commence Construction of the Sky Lofts Project during the Initial term and instead requests and 75A-191