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Resolution No. PC-2023-15 <br />Page 2. Sections 3.2(a) through 3.2(i) are hereby deleted and replaced with the following: <br /> <br />3.2. (a) Developer shall pay development impact fees, connection <br />charges, building permit fees and processing fees in effect at the time <br />Developer submits the applicable Project application for processing. <br />3.2 (b) - 3.2 (i) (not used). <br />3. Exhibits D through G are hereby deleted. <br /> <br />4. Section 3.5 is hereby deleted and replaced with the following: <br />3.5 (not used). <br />5. Section 4.4 is hereby amended and restated as follows: <br /> <br />4.4 Architectural Review of Project. The City may apply the rules <br />and regulations regarding architectural review, and objective design <br />standards for any residential development incorporated into the Project, <br />in effect in the City at the time the Developer applies for design review <br />approval for any aspect of the Project, as long as applying these rules <br />and regulations does not conflict with Developer’s rights under this <br />Agreement to expand the Shopping Center by the number of square feet <br />specified in this Agreement. <br /> 6. Section 15 is hereby amended and restated as follows: <br /> 15. Right to Assign, etc. Developer’s rights hereunder may be <br />encumbered, sold or assigned in conjunction with the transfer, sale, <br />assignment or financing of all or any portion of the Property at any time <br />during the terms of this Agreement. If the proposed buyer or assignee is <br />not an affiliate of Developer, then Developer may still assign its interest <br />in the Property so long as Developer receives the City’s prior written <br />consent. Upon the sale, transfer or assignment of Developer’s rights and <br />interests under this Agreement, memorialized in an assignment and <br />assumption agreement, Developer shall be released from its obligations <br />pursuant to this Agreement with respect to the Property or portion <br />thereof so transferred which arise subsequent to the effective date of the <br />transfer. <br /> <br />7. In extending the Development Agreement, the City and Developer anticipate that <br />Developer will work with the other owners of property at Stoneridge Mall (defined as <br />the “Shopping Center” in the Agreement) to move forward with developing a master <br />plan. Accordingly, new Sections 19.14, 19.15 and 19.16 are added as follows: <br /> <br />19.14. Good Faith Efforts Towards Master Plan. Developer shall make <br />good faith efforts with City to develop and process for approval a <br />Master Plan for the Shopping Center that furthers the goals of the <br />Stoneridge Mall Framework Components approved by the City Council <br />in Resolution No. 23-1356, adopted on January 26, 2023, as those <br />Components may be amended by the City with the reasonable consent <br />of Developer (“Master Plan” and “Framework Components,” <br />respectively). While Developer cannot control the actions of other