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(c) The Developer shall submit to the City proposed Final Plans in form and <br />substance reasonably satisfactory to the City by no later than January 1, 2000. In the <br />event the City does not approve the same, the Developer shall cause the same to be <br />amended in accordance with the reasonable requirements of the City, and the Developer <br />shall, within 5 days of the City's objection, resubmit the same to the City for approval. In <br />reviewing such proposed Final Plans, the City agrees to proceed with due diligence <br />pursuant to its normal and customary review process and planning cycle. This procedure <br />shall be followed until the same are finally approved by the City, at which time the same <br />shall be deemed to be the Final Plans. Once approved by the City, minor changes therein <br />may be made without the consent of the City, however, substantial or material changes <br />must be preapproved by the City. By the execution hereof, the City makes no agreement <br />or representation that the Preliminary Plans are in compliance with or satisfy applicable <br />City codes, ordinances and laws. <br />(d) The Developer shall join with the City, or apply on its own behalf, as <br />applicable, for rezoning of the Development Property to permit the usages intended for <br />the Project by no later than October 18, 1999. <br />(e) The Developer shall prepare all necessary plats, surveys and other <br />subdivision requirements and apply for all subdivision approvals by no later than 60 days <br />after approval of the rezoning of the Development Property. <br />(f) The Developer shall perform and pay all costs of demolition and debris <br />removal and geotechnical work and /or soil corrections and all environmental <br />investigation and remediation, if any, on the Development Property, and the City shall <br />have no obligation or responsibility therefor. <br />(g) The Developer shall cause the Project to be substantially constructed, <br />operated and maintained in accordance with the Final Plans and the terms of this <br />Agreement, the Development Program, and all local, state and federal laws and <br />regulations (including, but not limited to, environmental, zoning, energy conservation, <br />building code and public health laws and regulations). <br />(h) The Developer will obtain, or cause to be obtained, all required permits, <br />licenses and approvals, and will meet all requirements of all applicable state, local and <br />federal laws and regulations which must be obtained or met before the Project, or any part <br />thereof, may be lawfully commenced and constructed. <br />1058683.RED <br />V5 to V4; 7/14/99 8 <br />PAGE 25 <br />