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real property described in Exhibit "A", as Parcel B. Developer <br />further represents that it assigned such option to a third party; <br />however, Developer has reserved the power to convey or direct <br />conveyance of Parcel B to the City notwithstanding such <br />agreement. <br /> <br /> 3. Assignment. The rights of the Developer under this <br />agreement may be transferred or assigned provided written consent <br />of the City is first obtained. <br /> <br /> 4. Binding Effect of Agreement. The burdens of this <br />Agreement shall bind and the benefits of the Agreement shall <br />inure to the successors in interest to the parties to it. <br /> <br /> / <br /> 5. Design Review - Parcel A. City and Devel6per agree that <br />by entering into this Agreement, City does not give up its police <br />powers including, but not limited to, its right to subsequently <br />exercise discretionary design review approval of site plans as <br />provided in the PUD, subdivision and zoning review of Parcel A, <br />including the right to require mitigations reasonably related to <br />the particular site approval. Parcel A shall be subject to all <br />the rules, regulations, and official policies and fees (e.g., <br />general plan, zoning code, subdivision code, building code <br />(collectively "Local Rules")) of City governing uses, density, <br />height, design, public improvements and construction standards <br />which are in effect at the time Developer seeks a permit, zoning, <br />general plan or other related application. <br /> <br /> 6. Supersedure by Subsequent State or Federal Laws or <br />~egulations. In the event that state law or federal law or <br /> <br /> - 4 - <br /> <br /> <br />