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_ �..�;, . _. _.. . 5.6.2 Survival. Each such special development covenant shall survive the Close of Escrow, execution and recordation of the City Deed and issuance and recordation of each and every document related to conveyance of the City Property or construction or ' installation of the Project on the Site, for the time period specifically set forth in each such special development covenant. 5.6.3 Enforcement. These special development covenants may be enforced by the City regazdless of whether the City currently owns or continues to own an interest in any property benefited by any such covenants. The Developer irrevocably stipulates and agrees that breach of any of the special development covenants set forth in this ARTICLE 5 will result in great and 'ureparable damage to the City, and will result in damages to the City that are either impracticable or extremely difficult to quantify. Accordingly, upon the breach of any special development covenant set forth in this ARTiCLE 5, the City may institute an action for injunctive relief regarding such breach. 5.6.4 Automatic Termination. Upon the expiration of the time periods set forth in this ARTICLE 5 for each of the special development covenants, such special ' development covenant shall be of no further force or effect without the necessity of notice of further agreement. Upon the written request of Developer following the expiration of any special development covenant, City agrees to confirm in writing the expiry of such special development covenant and execute and deliver to Developer such documents or agreements, including quitclaim deeds, as are necessary to remove such expired special development covenant from any recorded document. ARTICLE 6 DEVELOPER FINANCING OF PROJECT 6.1 Developer's Financing for the Project. The Developer shall complete or cause to be completed all actions necessary to secure and provide evidence of adequate suff'icient to complete development of the Project in accordance with the Agreement. Funding may be in the form of equity capital, preferred equity, debt financing, including both secured and unsecured debt (a "Loan"), disposition proceeds and cash flow from operations, in an amount sufficient to complete the acquisition of the City Property and wnstruction of the Project on the Site, and to comply with all other requirements imposed upon Developer as provided herein. Within the time established in the Performance Schedule (Exhibit D), the Developer shall submit to the City evidence, in a form reasonably acceptable to the City, that it has the funds required to meet commitments to construct the Project in accordance with this Agreement. The evidence provided must demonstrate to the City's reasonable satisfaction that the Developer's Equity Investment and Loan (if applicable) secured by the Developer are equal to or exceed the total costs of the acquisition of the City Property and development of the Project. City acknowledges that, as of the Effective Date of this Agreement, Developer has chosen to use JP Morgan Chase as one of its primaxy Lender for the Project and that City approves of this Lender, or any private equity group, nationally chartered bank, national association, federal association bank, savings and loan association, investment bank, state chartered bank, lending institution or other institutional lender which has a net worth of Five Billion Dollars ($5,000,000,000)or more. Any 42 2013.118/BLOCK 2 HUNTER STORM REV:07-26-13 PT