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<br />conflict with this Agreement, and the adopted or modified Development <br /> <br />Regulation or Building Regulation is not applicable to development of the Project, <br /> <br />unless Flatirons in its sole discretion elects to have the adopted or modified <br /> <br />Development Regulation or Building Regulation apply to the development of the <br /> <br />Project. <br /> <br />6. <br /> <br />Project Review and Approval Process. <br /> <br />No construction may commence in a Zone until Flatirons has submitted and <br /> <br />the Planning Commission of City has approved a development plan <br /> <br />("Development Plan") for that Zone. The Development Plan must contain such <br /> <br />information as City deems necessary to ensure that the construction conforms to the <br /> <br />Approval or disapproval of a Development Plan by the Planning Commission of <br /> <br /> <br />Existing Development Regulations, the Existing Approvals, and this Agreement. <br /> <br />City may be appealed to the City Council of City in the same fashion and subject to <br /> <br />the same procedural requirements and fees for appeal to the City Council applicable <br /> <br />if it were a planned development permit under the Existing Development <br /> <br />Regulations. <br /> <br />Notwithstanding any provision of the Existing Development <br /> <br />Regulations to the contrary, a Development Plan is not a planned development <br /> <br />permit, the approval of a Development Plan is not the approval of a planned <br /> <br />development permit, and the Planned Development Permit is the only planned <br /> <br />development permit that City may require for the development of the Project on <br /> <br />the Property. <br /> <br />-13- <br /> <br />DV AGR0'3.DOC <br />August 26. 1996 <br />