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application to all development within the City and are not imposed solely with respect to the <br />subject property. In addition, this Agreement shall not prevent the City from exercising its police <br />power to protect the health, safety, and welfare of the public. This police power, exercised in <br />accordance with Section 5.2 of this Agreement, is paramount to any tights or obligations created <br />or existing between the parties. <br />5.6 Processing Fees. All fees and charges intended to cover City costs <br />associated with processing development of the Property, including but not limited to fees and <br />charges for applications„ processing; inspections, plan review, plan processing, acid /or <br />environmental review, which are existing or may be revised or adopted during the term of this <br />Agreement, shall apply to the development of the Property. <br />5.7 Amendments or Additions to Citywide Fee Programs. This Agreement <br />shall not preclude the inclusion of and changes to fee programs, taxes whether special or general, <br />or assessments (hereafter collectively referred to as "fees ") adopted by the City after the effective <br />date of this Agreement, which shall be applicable to the Project or the Property provided that <br />they (1) are standard fees applicable to all development in the City (although actual fee rates may <br />vary within the City where bona fide Citywide fee zones have been established), (2) are not <br />applicable primarily or only to this Project, and (3) are not imposed to either (a) mitigate; offset <br />or compensate for Project impacts which were analyzed in the negative declaration prepared for <br />the Project, or (b) duplicate any project design features conditions of approval, Agreements, or <br />mitigation measures contained in the Development Plan or this Agreement. The current <br />entitlement fees shall be locked in as of the elate of this Agreement, and there shall be no <br />additional entitlement fees for the Project. however, building permit fees, including fees for new <br />new permits required after the date of this Agreement, will not be locked in at any rate, but rather <br />will be the amount at the time of pulling building permits. Atiydefsrra <br />f.,°R°r-dd'7rxl -�mlj 8-ail9iTf8C'1• kl• °£I�EFII EIa ^sv �� �' ;t. ,'�..,d.-�if€112ifk .. 1`n "—�L.Q :'; ..depte"� <br />5.8 Development, Construction and Completion of Work of Public Art. <br />hi consideration for the extraordinary and significant benefits set forth in this Section, the Owner <br />has been legally vested under Section 5.1 with regard to the zoning, perntitted uses, density, <br />height, setback; design, size of structure and intensity of use of the Property. Owner shall include <br />within the Project at a prime location visible to the public, a single or grouped permanent work of <br />public art (the "Public Art "), The Public Ar shall conform in all respects to Exhibit C of this <br />Agreement. <br />Facilities specified in Section 5.ti.1 below must be designed and /or constructed <br />prior to the triggering event. In the event that Owner foils to meet either of the triggering events <br />set forth in Section 5.8.1., below, Owner shall pay the City an amount equivalent to one -half of <br />one percent (0.5 %) of the estimated value of its Project, as conclusively specified by the <br />Executive Director of the City's Planning and Building Agency, to be used by the City to acquire <br />other public all for other locations within the City, in which case, Owner will not be considered <br />in default tinder this Agreement. <br />75AL43 <br />