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north side and fee title along the south side of the Project) as is <br />necessary to effectuate the Metro East Public Realm Improvement <br />Plan adopted contemporaneously with the Project. Owner shall not <br />be required to dedicate additional land pursuant to any <br />amendments to said Plan which may or- may -occur following its <br />adoption. Owner shall be entitled to an offset against its obligations <br />under sestieASection 5.7 of this First Amended and Restated <br />Development Agreement for such property. <br />5,2 644- Exclusion from Existing Rules, Regulations and Policies. <br />W 0—}- Pursuant to Government Code Section 65866; and Pardee <br />Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, 208 <br />Cal.Rptr. 228, 690 P.2d 701, City retains the right to enact police <br />power regulations on matters not covered by sestieA6ygfon 5.1 of <br />this First Amended and Restated Development Agreement, <br />including without limitation: <br />(0 q)- Municipal laws and regulations which do not interfere with <br />Owner's vested rights to develop and use the Property in <br />accordance with 6WionSection 5.1 of this First Amended and <br />Restated Development Agreement. Owner and its successors <br />and assigns and all persons and entities in occupation of any <br />portion of the Property shall comply with such non - conflicting <br />laws and regulations as may from time to time be enacted or <br />amended hereafter. Specifically, but without limitation on the <br />foregoing, such non - conflicting laws and regulations include the <br />following: <br />(3)— Taxes, assessments, fees and charges, except as <br />otherwise specifically provided in this First Amended and <br />Restated Development Agreement; <br />(4)- Building, electrical, mechanical, fire and similar codes <br />based upon uniform codes incorporated by reference into <br />the Santa Ana Municipal Code; <br />(5)-Laws, including zoning code provisions, which regulate <br />the manner in which business activities may be conducted or <br />which prohibit any particular type of business activity on a <br />city -wide basis; and <br />(6)-Procedural rules of general City -wide application. <br />6494246261141 21741 tSiISMv25_ <br />75A -111 <br />