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(4) Procedural rules of general City -wide application.
<br />c. In recobraition 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 community facilities district,
<br />assessment district, or other similar funiding mechanism, to provide funds 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 future regulations, ordinances, policies, and plans are hereby conferred.
<br />53 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 urtit 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 casement 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, fames, fuel 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 err 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 atl things and consequences to the Property that inay'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 />5.5 Future Discretionary Approvals, This Agreement shall not prevent the
<br />City, when considering requests for discretionary approvals not covered by Section 5.1 of this
<br />Agreement subsequent to the effective date of this Agreement, from applying new rules,
<br />regulations, and policies which are applicable to the Property, including but not limited to,
<br />changes in the general plans, specific plans, zoning, subdivision or building regulations, nor shall
<br />this Agreement prevent the City from denying or conditionally approving any subsequent
<br />applications for land use entitlements based on such existing or new rules, regulations, and/or
<br />policies; provided, however, that such new rules, regulations, and official policies are of general
<br />75A"42
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