ROMAN CATHOLIC BISHOP OF ORANGE (3)

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5.3. Design and Construction Standards and Specifications. The design and construction standards and specifications for any construction within the Project, including the Public Art, shall be those in effect at the time that application is made for building permits for that construction. 5.4. Maximum Height and Size of Structure. The maximum height and size for all structures shall be as provided in the Existing Approvals and the Existing Regulations. 5.5. Future Discretionary Approvals. Should Owner request new or modified discretionary approvals for the development of the Property which do not alter the proposed density or intensity or use of the Property, the City may apply rules, regulations, and policies which are applicable to all property within the City and adopted after the Effective Date ("New Regulations"), provided they do not alter the density or intensity or use of the Property or limit the timeframe within which Owner may complete the Project. Such New Regulations may include, but are not limited to, changes in the general plan, specific plans, zoning, and subdivision or building regulations. Except as to matters of density, intensity, and use, this Agreement shall not prevent the City from denying or conditionally approving any subsequent Owner-initiated applications for land use entitlements based on such New Regulations. In addition, this Agreement shall not prevent the City from the legitimate exercise of its police power to protect the health, safety, and welfare of the public. 5.6. Processing Fees. Notwithstanding Section 5.1 above, the Project shall be subject to any fees and charges intended to cover actual City costs directly associated with processing development of the Property (collectively, "Processing Fees"). These Processing Fees may include, but are not limited to, fees and charges for applications, processing, inspections, plan review, plan processing, and/or environmental review. Only Processing Fees which could validly be applied to other projects within the City may be applied to the Project. Owner shall retain all fee exemptions or waivers to which it is otherwise entitled by law due to its status as a religious organization. 5.7. Amendments or Additions to Citywide Fee Programs. This Agreement shall not preclude the inclusion of and changes to fee programs, taxes whether special or general, or assessments (collectively, "General Fees") adopted by the City after the Effective Date. General Fees shall be applicable to the Project or the Property only if they (1) are standard fees applicable to all development and property within 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 this Project, and (3) are not imposed to either (a) mitigate, offset, or compensate for Project impacts which were analyzed in the Project's environmental impact report or (b) duplicate any project design features, conditions of approval, agreements, or mitigation measures contained in the Existing Approvals or this Agreement. Owner shall retain all fee exemptions or waivers to which it is otherwise entitled by law due to its status as a religious organization. 5.8. Work of Public Art. In consideration for the benefits set forth in this Agreement, Owner shall include within the Project a work of Public Art (the "Public Art"). The Public Art shall be designed, installed, and located in compliance with Exhibit C, subject also to the following conditions: 70020313.7 6/24/04