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<br />4. <br /> <br />Land Use; Density; and Intensity. <br /> <br />(a) <br /> <br />During the term of this Agreement, the Development Regulations <br /> <br />pertaining to the development of the Project on the Property are the Existing <br /> <br />Development Regulations except for those Development Regulations setting or <br /> <br />altering those Exactions to which changes are specifically permitted under Section 9, <br /> <br />and Flatirons has a vested contractual right to develop the Project on the Property in <br /> <br />accordance with the Existing Development Regulations, the Existing Approvals, and <br /> <br />this Agreement. During the term of this Agreement, City may control development <br /> <br />of the Property in accordance with this Agreement. If there is any inconsistency <br /> <br />between this Agreement and either the Existing Development Regulations or the <br /> <br />(b) <br /> <br />The density and intensity of land uses, the square footage of GBFA, and <br /> <br /> <br />Existing Approvals, the provisions of this Agreement prevail. <br /> <br />the height, size, and location of buildings in the Project are set forth in the Existing <br /> <br />Approvals. <br /> <br />(c) <br /> <br />Flatirons has the right to develop a maximum of 1,000,000 square feet <br /> <br />of GBFA for office space on the Property, and up to 50,000 square feet of special <br /> <br />purpose accessory structures, including cafeteria, fitness and conferencing facilities, <br /> <br />provided, however, that during the first four years immediately following the <br /> <br />Effective Date, Flatirons may commence construction of no more than 890,000 <br /> <br />square feet of GBF A for office space and up to 50,000 square feet of special purpose <br /> <br />accessory structures. <br /> <br />-10- <br /> <br />DV AGR0'3.rxJC <br />August 26, 1996 <br />