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3.3 Cit,v Approval of Development Plans. The City shall approve or disapprove the <br /> plans, drawings and related documents referred to in Section 3.2 of this Agreement within the <br /> times established in the Performance Schedule (Exhibit C). Any disapproval shall state in <br /> writing the reasons for disapproval and the changes that the City requests be made. Such reasons <br /> and such changes must be consistent with the Project Description (Exhibit B) and any items <br /> previously approved or deemed approved hereunder by the City. The Developer, upon receipt of <br /> a disapproval based upon powers reserved by the City hereunder, shall revise such plans, <br /> drawings and related documents and resubmit them to the City as soon as possible after receipt <br /> of the notice of disapproval, provided that in no case shall the City be entitled to require changes <br /> inconsistent with the Scope of Development and any previously approved items. The City's <br /> zoning, building and land use regulations (whether contained in ordinances, the City's municipal <br /> code, conditions of approval or elsewhere), shall be applicable to the construction and <br /> installation of the Project on the Site by the Developer, pursuant to this Agreement. The <br /> Developer acknowledges that all plans and specifications and any changes to any plans or <br /> specifications for the Project shall be subject to all applicable Laws and Approvals. <br /> 3.4 Developer to Obtain All Project Approvals. <br /> (a) Project Approvals. In addition to the Project Approvals, the Developer <br /> shall obtain all legally required entitlements, permits and other approvals for construction and <br /> installation of the Project on the Site, prior to the commencement of any construction or <br /> installation of the applicable portion(s) of the Project. <br /> (b) Reservations. The approval of this Agreement by the City does not <br /> constitute a waiver of any discretionary approvals, permits or authorizations regarding the <br /> Project or the Site by the City Council, the Planning Commission, Design Review Committee or <br /> any other commission, committee, board or body of the City. In reviewing and approving <br /> applications for discretionary approvals, the City may attach such conditions and requirements as <br /> may be deemed necessary or appropriate to carry out the policies, goals, standards and objectives <br /> of the General Plan and the Precise Plan and to comply with legal requirements and policies of <br /> the City pertaining to such reserved discretionary approvals. <br /> (c) Project Changes. If any revisions of the Project are required by a <br /> government agency other than the City, the Developer shall promptly make any such revisions <br /> that are: (i) generally consistent with the Project Description (Exhibit B) and (ii) would not <br /> result in any material additional improvements not identified in the Developer's submitted <br /> application. <br /> (d) Conditions of Approval. Provided the Developer's Conditions to Close of <br /> Escrow have been satisfied, including without limitation securing all Approvals, the Developer <br /> agrees to accept and comply fully with any and a11 reasonable conditions of approval applicable <br /> to any Approvals, permits or other governmental actions regarding the construction or <br /> installation of the �Project on the Site, to the extent that such conditions are: (i) generally <br /> consistent with this Agreement and the Project Description, (ii) imposed after a public hearing in <br /> accordance with the City's approval process, and (iii) would not result in any material additional <br /> improvements not identified in the Developer's submitted application. <br /> ATTY/AGR/2015.146/HAMILTON-WINSLOW DDA <br /> REV:08-18-15 VR <br /> Page 15 of 40 <br /> 82483.00019\9644366.16 <br />