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(ii) On or after the third anniversary date of the Effective Date if Owner has <br /> not Substantially Completed the construction of the Project before that <br /> anniversary date. <br /> <br />4. Land Use; Density; Intensity; and Exactions. <br /> <br />(a) During the term of this Agreement, the Development Regulations pertaining to <br /> the development of the Project on the Property are the Existing Development <br /> Regulations except for those Development Regulations excepted herein and those <br /> setting or altering those Exactions to which changes are specifically permitted under this <br /> Agreement, and Owner has a vested contractual right to develop the Project on the <br /> Property in accordance with and subject to the Existing Development Regulations, the <br /> Existing Approvals, and the terms and 'conditions of this Agreement, including the <br /> Existing Approvals, the Facilities, and the payment of the Fees. During the term of this <br /> Agreement, City may control the development of the Property in accordance with this <br /> Agreement. If there is any inconsistency between this Agreement and either the <br /> Existing Development Regulations or the Existing Approvals, the provisions of this <br /> Agreement prevail. <br /> <br /> (b) The density and intensity of land uses, the square footage of GBFA, and the <br /> height, size, and location of the building are set forth in the Existing Approvals. <br /> <br />(c) Owner has the right to develop a two (2) story building with mezzanine (first floor <br />to be used as parking and lobby) to a maximum of 7500 square feet of GBFA with 25 <br />parking spaces. <br /> <br /> -5- <br />opfer0408 <br />FXS:dr <br />02/04/02R, 02/12/02R, 04/08/02R <br /> <br /> <br />