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City Draft <br /> 6128/13 <br /> a disapproval based upon powers reserved by the City hereunder, shall revise such plans, <br /> drawings and related documents and resubmit them to the City as soon as possible after receipt <br /> of the notice of disapproval,pmvided that in no case sha11 the Ciry be entitled to require changes <br /> inconsistent with the Scope of Development and any previously approved items. The City's <br /> zoning, building and iand use regulations (whether contained in ordinances, the City's municipal <br /> code, conditions of approval or elsewhere), shall be applicable to the construction and <br /> installation of the Project on the Site by the Developer, pursuant to this Agreement. The <br /> Developer acknowledges that alI plans and specifications and any changes to any plans or <br /> specifications for the Project shall be subject to all applicable Laws and Approvals. <br /> 4.4 Developer to Obtain alI Project Approvals. <br /> 4.4.1 Proiect Approvals. The Developer sha11 oUtain all legally required <br /> entitlements, permits and other approvals for construction anc� installation of the Project on the <br /> Site from each Government Agency, prior to tkie commencement of any construction or <br /> installation of the applicable portion(s}of the Project. <br /> 4.4.2 Reservations. The approval of this Agreement by the City does not <br /> constitate a waiver of any discretionary approvals, pertnits ar authorizations regarding the <br /> Project or the �ite by the City Council, the Planning Commission, Design Review Committee or <br /> any other commission, committee, board or body of the City. In reviewing and approving <br /> applications for discretionary approvals, the City may attach such conditions and requirements as <br /> may be deemed necessary or appropr�ate to carry out the policies, goal�s, standards and objectives <br /> of the General Plan and the Precise Plan and to comply witla legal requ'irements and policies of <br /> the City pertaining to such reserved discretionary approvals. <br /> 4.4.3 Pro'ect Chan es. If any revisions of the Praject are required by a <br /> Government Agency, the Developer shall promptly make any such revisions that are: <br /> (i) generally consistent with the Scope of Develapment (Exhibit H) and (ii)would not result in <br /> any material additional improvements not identi�ed in the Developer's submitted application. <br /> 4.4.4 Canditions of Approval. Provided the Developer's Conditions to <br /> Close Escrow have been satisf ed, including without limitation secuting a�l Approvals, the <br /> Developer agrees to accept and comply fully with any and all reasonable conditions of approval <br /> applicable to any Approvals, permits or other governmental actians regarding the construction ar <br /> installation of the Project on the Site, to the extent that such conditions are: (i)generally <br /> consistent with this Agreement and the Scope of Developmer�t, (ii) imposed after a public <br /> hearing in accordance with the City's approval process, and (iii)would not result in any material <br /> additional irr�provements not identified in the Developer's submitted application. <br /> 4.4.5 Developer Payment of Costs and Fees. The Developer and the City <br /> agree that the City sha11 not provide any financial assistance to the Developer in connection with <br /> the construction or installation of the Project. The Developer sha11 be solely responsible for <br /> paying far the costs o�all design work, construction, labor, materials, fees, permits, applications, <br /> and other expenses associated with the Project, some of which costs may be paid froxn the <br /> Deposit pursuant to Section. 1.2. The Developer shail pay all lawfully required fees pertaining to <br /> the review and approval of the Project by each Government Agency and utility service providers, <br /> 82483.000�19175713t2.10 29 <br />