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Ordinance (Ordinance No. 1605) in effect on the Effective Date. Developer acknowledges that the inhabitants of the Project will benefit whether the City elects to apply these funds to the acquisition of parkland or to park and recreational improvements to Tawny Par c, Orloff Park,the BMX Park, and nearby trails, or to the development of the Bernal Community Park, or a combination thereof. This Section 3.7 supersedes and terminates any other offers by Developer, or agreements between City and Developer, related to the payment of park fees for the Project, including the May 15, 2013 offer related to in lieu fees for Bernal Park improvements. ARTICLE 4 City Obligations Section 4.1 Protection of Vested Rights To the maximum extent permitted by law, City shall take any and all actions as may be necessary or appropriate to ensure that the vested rights provided by this Agreement can be enjoyed by Developer and to prevent any City Law from invalidating or prevailing over all or any part of this Agreement. City shall cooperate with Developer and shall undertake such actions as may be necessary to ensure this Agreement remains in full force and effect. City shall not support, adopt, or enact any City Law, or take any other action which would violate the express provisions or intent of the Project Approvals or the Subsequent Appros als (defined below). Section 4.2 Availability of Public Services To the maximum extent permitted by law and consistent with it authority, City shall assist Developer in reserving and securing capacity for sewer, water and any other utilities or services as may be necessary or appropriate to serve the Project. Section 4.3 Developer's Right to Rebuild City agrees that Developer may renovate or rebuild the Project Site within the Term of this Agreement should it become necessary due to natural disaster, changes in seismic requirements, or should the buildings located within the Project Site become functionally outdated, within Developer's sole discretion, due to changes in technology. Any such renovation or rebuilding shall be subject to the square footage and height limitations vested by this Agreement, and shall comply with the Project Approvals, any Subsequent Approvals, the building codes existing at the time of such rebuilding or reconstruction, and the applicable requirements of CEQA. Section 4.4 Processing Subsequent Approvals "Subsequent Approvals" shall mean those certain other land use approvals, entitlements, and permits other than the Project Approvals which are necessary or desirable for the development of the Project on the Project Site. The Subsequent Approvals may include, without limitation, the following: amendments of the Project Approvals, vesting tentative map, lot line adjustments and/or parcel maps or subdivision maps, improvement agreements, grading permits, building permits, sewer and water connection permits, and certificates of occupancy. 65453\4242646v3 7