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(3) Laws, including zoning code provisions, which regulate the manner <br />in which business activities may be conducted or which prohibit any particular type of <br />business activity on a city-wide basis; and - <br />(4) Procedural Ades of general City-wide application. <br />C. In recognition of the need for City services, including but not limited to <br />police, fire and park, to meet the demand generated by new, cumulative residential development in <br />the City, District, Owner will not object to participation in a conununity facilities district, <br />assessment district, or other similar Rinding mechanism, to provide Rinds for such services, should <br />any such a mechanism be established. <br />d. No vested rights as to any requirements in this section either as to existing <br />or Riture regulations, ordinances, policies, and plans are hereby conferred. <br />5.3 Design and Construction Standards and Specifications. The design <br />and construction standards and specifications for all Project construction, including without <br />limitation the facilities set forth in the Public Art Plan, shall be subject to applicable design <br />standards and guidelines in effect at the time that any development approval shall be sought for <br />the Project or any unit or structure contained within the Project. <br />5.4 FAA Approval. Owner shall obtain and maintain, during the term of the <br />agreement, any and all necessary approvals from the FAA for the Project. Should such approvals <br />lapse, and not be reinstated or reapproved prior to the issuance of the first building permit, the <br />City shall have the right to terminate the agreement, <br />5.4.1. Avigation Easement. The Owner shall, prior to issuance of the first <br />building permit for the Project, execute an avigation easement in a form approved by the City <br />Attorney, which shall be recorded with the Recorder of the County of Orange. The avigation <br />easement shall prohibit any and all claims, actions or lawsuits of any kind or type for nuisance or <br />interference with use and enjoyment of the underlying Property or the Project including but not <br />limited to noise, sound, vibration, fumes, Riel particles, dust, discomfort or other environmental <br />effects incident to aircraft operations as well as any inconvenience or annoyances caused by the <br />operations of the John Wayne Airport (SNA). The avigation easement shall grant the right to <br />enter or penetrate into or transmit through the airspace above, on or in the vicinity of the Property <br />for the unobstructed use, passage or operation of all types of aircraft and the right to create or <br />generate all things and consequences to the Property that may be, or may be alleged to be, <br />incident to or resulting from the use of said Airspace and any and all related aircraft and airport <br />operation. The City shall be the benefited party in the avigation easement, but said easement <br />shall'be assignable by the City to a third party, including but not limited to John Wayne Airport <br />(SNA), without consent of Owner. <br />5.42. Limit an Fast bead - acrd- T-alEeut Restaurants. M no time shall +�,n <br />Owner- pernitinere -than 3,-09A- square feet of !he .1--e—ail spaeo in We Projeet to be deyeted to « <br />f e » n " k� -6�#t t r ms. For - ,purposes of Na A gryenwnt restaurant shall not be <br />2ti ' n <br />9 <br />75A -74 <br />