75A - PH MACARTHUR PLACE SOUTH - SKYLINE TOWERS

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2.44 "Property" is legally described in Exhibit A. 2.45 "Public Art" is defined in Section 5.1.7. 2.46 "Public Art Fee" is defined in Section 5.1.7. 2.47 "Public Art Plan" is set forth in Exhibit B attached hereto and incorporated herein by reference. 2.48 "Public Improvements" are described in Exhibit D attached hereto and incorporated herein by reference. 2.49 "Reserved Powers" means the rights and authority excepted from this Agreement's restrictions on the City's police powers and which are instead reserved to the City. The Reserved Powers include the power to enact and implement rules, regulations, ordinances and policies after the Effective Date that are not in conflict with the Applicable Rules or that may be in conflict with the Applicable Rules, but: (a) prevent or remedy conditions which the City has found to be injurious or detrimental to the public health and/or safety; (b} are Uniform Codes; (c) are required to comply with mandates under state and federal laws, rules and regulations (whether enacted previous or subsequent to the Effective Date) or to comply with a court order or judgment of a state or federal court; (d) relate to Applicable Processing Fees or Charges imposed and/or increased after the Effective Date; (e) or relate to increases in Development Impact Fees occurring after the Effective Date but only if and to the extent described in Section 2.17(c), or (f) are consented to by Owner. Project. 2.50 "Residential Unit(s)" means each of the for-sale residential units within the 2.51 "Retail Project" is defined in Section 2.43. 2.52 "Restaurant Portion" is defined in Section 2.43. 2.53 "SANG" means the Santa Ana Municipal Code. 2.54 "Signs" means the gateway entry signs described in Section 5.1.7. 2.55 "Subsequent Development Approvals" means those certain actions taken by any City Agency after the Effective Date, in connection with the implementation of the Entitlements or any approved modification of the Entitlements, or any requested minor modifications of the Entitlements. 2.56 "Term" means the applicable period of time during which this Agreement shall be in effect and shall bind the City and Owner, as described in Section 4.1. 2.57 "Uniform Codes" means those building, electrical, mechanical, fire and other similar regulations of a City-wide scope which are based on recommendations of a multi-state professional organization and become applicable throughout the City, such as, but not limited to, the California Building Code, the California Electrical Code, the California Mechanical Code, or the California Fire Code (including those amendments to the promulgated Uniform Codes which reflect 6 DOCSOC/] 110339vi 1/24579-0001 75A-19