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ARTICLE III <br /> DEVELOPMENT OF THE SITE <br /> Section 3 . 01 . Development by Developer. <br /> a. The parties agree that the Developer shall develop <br /> upon the Property within the times specified in the Schedule of <br /> Performance, attached hereto as Exhibit "G" and incorporated herein <br /> by reference (the "Schedule of Performance" ) eight (8) ownership <br /> townhome units, as well as parking and amenities, all as more <br /> specifically described in the Scope of Development . The Project <br /> will be subject to the covenants set forth in the Declaration of <br /> Affordability Covenants restricting the sale and occupation of the <br /> townhome units to Qualified Buyers, as defined in Section 2 . 01 <br /> above. <br /> b. The City' s zoning ordinances including, but not <br /> limited to, parking and height requirements, and the City' s <br /> building requirements are applicable to the use and development of <br /> the Property pursuant to this Agreement . The Developer <br /> acknowledges that any change in the plans for development or the <br /> use of the Property as set forth in the Scope of Development shall <br /> be subj ect to (i) the prior written approval of the Agency and (ii) <br /> the City' s zoning ordinances and building requirements . <br /> c . The Scope of Development is approved by the Agency <br /> upon its execution of this Agreement . The Project shall be <br /> developed and completed in conformance with the approved Scope of <br /> Development and any and all other plans, specifications and similar <br /> development documents required by this Agreement, except for such <br /> changes as may be mutually agreed upon in writing by and between <br /> the Developer and the Agency. <br /> d. The approval of the Scope of Development by the <br /> Agency hereunder shall not be binding upon the City Council or the <br /> Planning Commission of the City with respect to any approvals of <br /> the Project required by such other bodies . If any revisions of the <br /> Scope of Development as approved by the Agency shall be required by <br /> another government official, agency, department or bureau having <br /> jurisdiction over the development of the Property, the Developer <br /> and the Agency shall cooperate in efforts to obtain waivers of such <br /> revisions, or to obtain approvals of any such revisions which have <br /> been made by the Developer and have thereaf ter been approved by the <br /> Agency. The Agency shall not unreasonably withhold approval of <br /> such revisions. <br /> REDW\0006\DOC\013-7 <br /> 1 3 1\11\08 940 law <br />