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Development Fee shall be paid prior to issuance of the building permit for <br />each phase. The City shall use said fees for new parkland, capital <br />improvements at existing parks, and deferred maintenance at existing <br />parks (up to a maximum of fifty percent of amount of the fee). If not used <br />or appropriated this fee shall be returned to Developer, consistent with the <br />provisions of (and subject to the exceptions contained within) the <br />California Mitigation Fee Act, Government Code § 66000 et seq. Owner <br />may propose in future an alternative in -lieu of the provisions of this section <br />which fully satisfies this requirement, and if such proposal is consistent <br />with City's park plans and standards, the City shall consider such proposal <br />in good faith; provided, however, that if approved such proposal shall be <br />the subject of an amendment to this First Amended and Restated <br />Development Agreement entered into pursuant to Government Code <br />section 65868. <br />6464- Reserved <br />&" 546-5- Covenants, Conditions, and Restrictions. Owner may, at its <br />condominiums. Prior to the_' ance of the first building 120r1nit for the <br />Proiect. Owner shall provide to the City the proposed Covenants, <br />Conditions, and Restrictions "CC &R's" must-- ks-preyided and -to b <br />recorded aaainst the Property for the condominiums. Those CC &R's <br />must-be approved by the Planning and Building Agency's Executive <br />Director N'rst -buil ng- pennit —S6-.h <br />C6& & =s- must seakain- ata- "nimum or the person acting in the eauivalen <br />(4)-No more than four residents r3ershall be permute_ d for each <br />unit, except that for three - bedroom units, there shall be no more <br />than five residents per unit. <br />(b) (-24-All initial sales of residential units by Owner shall include a <br />covenant that the buyer may not re -sell the unit for a period on one <br />(1) year. <br />W (,9} No home essupansygccupation shall be permitted in a unit, <br />except min accordance with 6esti0RSection 41 -192 et seq. of the <br />Santa Ana Municipal Code. <br />�wuzusur� ua+ssiasnu�a� -18- <br />75A -114 <br />