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(i) Subject to Unavoidable Delay, the Developer shall commence construction of the Project by no later than May 15, 2000, and shall complete the Project by no later than December 31, 2000. Section 2.4. Certain Covenants and Agreements of the City. The City makes the following covenants and agreements for the benefit of the Developer: (a) At the Developer's request, the City will provide to the Developer copies of all publicly available reports, records, studies, assessments, test results and surveys, if any, obtained by the City in connection with the acquisition of the Development Property and /or construction of the Project. (b) The City will initiate proceedings to create a new zoning district and rezone the Development Property such that the permitted uses of the Development Property will include those uses formerly allowed in a B -3 district in the City's zoning ordinance in effect immediately prior to June 28, 1995. Notwithstanding the foregoing, the City's agreement to initiate such proceedings is not an agreement or guaranty that the rezoning will be approved. The City cannot hereby agree to such rezoning, and the same may only be accomplished by City council approval following all required procedures, including public hearing. (c) The City will initiate proceedings to expand the Tax Increment District to include the Development Property. Upon such expansion the City proposes will, subject to the further provisions of this Agreement, to apply Tax Increments to reimburse the Developer for the Reimbursable Development Costs in connection with the Project as further provided in this Agreement. Notwithstanding the foregoing to the contrary, the City's agreement to initiate such proceedings is not an agreement or guaranty that the expansion will be approved. The City cannot hereby agree to such expansion, and the same may only be accomplished by City council approval following all required procedures, including public hearing. (d) The City will not, without the prior approval of the Developer, acquire any portion of the Development Property until the completion of (i) the rezoning referred to in subsection (b) above, and (ii) the expansion of the Tax Increment District to include the Development Property as referred to in subparagraph (c) above. (e) The City will cooperate with the Developer in obtaining all required City permits, licenses and approvals for the Project, provided however, nothing herein shall be deemed to limit, modify or reduce the procedures and requirements to be satisfied by the 1058683.RED V5 to V4; 7/14/99 9 PAGE 26