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3.10.2 Return of Funds and Documents. Within seven (7) days following receipt by the Parties of a settlement statement from the Escrow Agent of cancellation charges regarding cancellation of the Escrow and the Title Policy order, if any: (i) the Developer or the Escrow Agent, respectively, shall return to the City any documents previously delivered by the City to the Developer or the Escrow Agent regarding the Escrow, (ii) the City or the Escrow Agent, respectively, shall return to the Developer all documents previously delivered by the Developer to the City or the Escrow Agent regarding the Escrow; (iii) the Escrow Agent shall return to the Developer any funds deposited into the Escrow by the Developer, less the Developer's share of any customary and reasonable cancellation chazges of the Escrow and Tide Policy order, if any; and (iv) the Escrow Holder shall return to the City any funds deposited into the Escrow by the City, less the City's share of any customazy and reasonable cancellation chazges of the Escrow and Title Policy order, if any. 3.11 Escrow Notices. All notices and communications from the Escrow Agent to the , Parties shall be given in the manner provided in Section 8.5 of this Agreement. ' ARTICLE 4 PROJECT DEVELOPMENT 4.1 Precise Plan. The Site is located within an area covered by the recently-adopted Precise Plan and is subject to the terms and conditions of the Pazking Covenant and Agreement (Exhibit I). The Site shall be developed by the Developer with a mixed-use retaiUcommercial project as set forth in the Scope of Development(Exhibit H). 4.2 Submittal of Plans, Drawings and Related Documents; Scale Model of Projec� Prior to approval and execution of this Agreement by the Parties, the Developer prepared and submitted to the City, and the City approved a Schematic Design package for the development of the Project on the Site. Within the time set forth in the Performance Schedule (Exhibit D), the Developer shall prepare and submit to the City a 1:50 scale model of the project as defined by the Schematic Design package; provided however that Developer shall not be required to expend more than Eight Thousand Dollazs ($5,000) to produce such scale model. The model sha11 be constructed of balsa wood or other material acceptable to the City that shows suff'icient detail of building articulation and the buildings' relationship to on- and off-site improvements, such as street trees, curb, gutter and sidewalks along Middlefield Road and Winslow Street to include the base improvements necessary to create traffic improvements at the intersection of Winslow and Hamilton Streets. The Developer may also prepare and submit a Design Development package and shall prepaze and submit a Construction Document package to the City for review and written approval as and at the times established in the Performance Schedule (Exhibit D). All design submittals will include on- and off-site improvements at a comparable level of design completeness. Off-site improvements include curb, gutter and sidewalk, street trees, street lighting, as well as all utilities. If prepared, Design Development plans and specif'ications shall provide greater detail (from Schematic) of materials, methods and the inter-relation of the building construction. Construction Document package shall be in suff'icient detail to obtain a building permit. 28 2013.118/BLOCK 2 HUNTER STORM REV:07-26-13 PT