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Guidelines"). It is understood that the Project Guidelines shall be in accordance with the <br />following: <br /> <br /> A. To assure Developer that, when the Project has received all Project Approvals <br />and other necessary permits, it will still consist of a two-level retail-cinema project located on the <br />Project Site, with approximately 85,000 square feet of retail shop and restaurant space on the <br />ground level and a 20-screen, 4,200-seat theatre on the second level and approximately five <br />hundred ninety (590) parking spaces located in an underground parking facility on the Project <br />Site that extends beneath the adjacent Middlefield Road right-of-way. All of the foregoing <br />improvements shall have the same basic site layout as shown in the Project Guidelines. <br /> <br /> B. It is understood that Developer has submitted only preliminary designs of the <br />Project and that City review of the Project design will occur after the execution of this <br />Agreement. City agrees that its design review will not modify the basic square footage and uses <br />of the Project and the general site layout. <br /> <br /> C. Developer shall submit plans for the Project to the City for design review <br />approval within thirty (30) days of the Effective Date, and the City shall conduct such review <br />expeditiously. If the parties cannot agree upon the Project design within ninety (90) days of the <br />submission of such plans to the City, any party may terminate this Agreement pursuant to <br />Section 809 hereof. <br /> <br /> §503 Project Review and Approval <br /> <br /> If any revisions or corrections of plans subject to approval by the Agency shall be <br />required by any other governmental agency having jurisdiction, the Developer and the Agency <br />staff shall cooperate in efforts to comply with such requirements, or to develop a mutually <br />acceptable alternative, as may be appropriate. If no such waiver is obtained and no such <br />alternative is developed, the Agency and the Developer shall be bound by such revisions or <br />corrections if they are not materially inconsistent with the Project Guidelines and related <br />documents and approved plans. If such revisions or corrections are materially inconsistent with <br />the approved Project Guidelines and related documents and approved plans, then Developer shall <br />have the right to terminate this Agreement pursuant to Section 807 hereof. <br /> <br /> Before commencement of demolition, construction or development of any buildings, <br />structures or other works of improvement upon any portion of the Project Site, Developer shall, <br />at its own expense, secure or cause to be secured any and all permits which may be required by <br />the City or any other governmental agency having jurisdiction over such demolition, <br />construction, development or work. <br /> <br /> The Agency will cooperate with Developer and use its best efforts to assist Developer in <br />processing applications for all required City permits and in securing the Project Approvals and <br />other governmental agencies' authorizations and permits needed to implement this Agreement <br />and to develop and construct the Project. <br /> <br /> 22 <br />DOCSSF1:648942.4 <br />9975-5 C14 <br />120502 <br /> <br /> <br />