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RJV-184370v2 MU210-48 7 (c) If any proper objections to title are duly and timely made as provided above, and if the Developer is not able to satisfy or correct the objection within thirty (30) days after said objections, the City shall, within ten (10) days thereafter, make a written election of one of the following: (i) Termination of this Agreement; or (ii) Agreement to proceed with closing and transfer of possession of Parcels A and B without any further obligation or liability of any kind on the Developer to cure or satisfy any objections to title, whereupon the risk that the objection cannot be cured (or that title cannot be rendered marketable) shall be entirely borne by the City. If no such written election is given to the Developer within said ten (10) day period, the City shall be deemed to have waived all objections to title. Section 3.06. Payment of City Costs. The Developer agrees to reimburse the City its actual costs regarding preparing and administering this Agreement, processing the plat and preparing and reviewing all related permits, approval or other required authorizations, including vacation of right-of-way (Edgewood Drive) and sign easements. The costs to be paid shall include, but not be limited to, attorney fees, engineering fees, and other technical or professional assistance, including the work of the City staff. ARTICLE IV. CONSTRUCTION OF IMPROVEMENTS Section 4.1. Construction of Improvements. The Developer shall construct at its sole expense the Improvements on Parcels A and B, including the Walgreens building and associated parking, street, grading, drainage, landscaping, pedestrian trail, lighting and other improvements, in accordance with the Development Plans and Section 4.3 herein. Upon issuance of a Certificate of Completion, title and ownership of the Improvements located on Parcel B shall vest in the City. Section 4.2. Development Plans. The Developer agrees to submit complete Development Plans with such detail and information as may be requested by City, for review by the City, prior to closing. The closing and development contemplated herein may not proceed without first securing approval of Development Plans by the City. No such approval will be given unless the City determines that the Development Plans are in conformity with the Minimum Value, this Agreement, and all local, state and federal regulations. The City shall, within twenty-five (25) days of receipt of Development Plans, review such plans to determine whether the foregoing requirements have been met. If the City determines such plans to be deficient, it shall notify the Developer in writing, stating the deficiencies and the steps necessary for correction.