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55 (a) The Developer acquires fee title to all of the Development Property; (b) The Developer obtains approval of the Final Plans; (c) The Developer executes and records the Memorandum of Agreement and the PUD Agreement and causes any lien holder affecting any of the Development Property to subject its interest as provided herein to this Agreement and the PUD Agreement; (d) The Developer satisfies all of the conditions subsequent to the Council's approval of the Preliminary Plat as set forth in the City's resolution approving the Preliminary Plat; (e) The Developer obtains final approval of the Final Plat; and (f) The Developer has recorded the Final Plat in the real property records of the County. Section 3.3 Approval of Final Plans. No construction may occur until the City and Authority approve the Final Plans. The City and Authority agree to expeditiously consider and approve the Final Plans after their submission, or provide a written indication of the grounds for any disapproval, whereupon the Developer shall correct or modify the Final Plans and resubmit same for approval. The City, Authority and Developer agree to communicate and cooperate to complete the reviews required under Article V in time to Commence Construction in accordance with the Minimum Improvements Timeline in Section 7.1. Section 3.4 Zoning and Land Use Approvals. Nothing in this Agreement shall limit the authority of the City with respect to zoning and land use approvals. Notwithstanding the foregoing, the staff of the City and Authority shall cooperate with the Developer and assist the Developer in the processing and obtaining of zoning and land use approvals. The Developer shall be responsible for applying for and obtaining all land use and zoning approvals necessary for the Development. All zoning and land use approvals shall be by the City Planning Commission or City Council in accordance with the ordinances of the City. Section 3.5 Building and Construction Permits. Nothing in this Agreement shall limit the governmental authority of the City with respect to its building and construction permitting process for the Development. The Developer shall comply with all applicable city building codes and construction requirements and shall be responsible for obtaining all building permits prior to construction. Section 3.6 City/Authority Approval. Whenever this Agreement provides for approval by the Authority or the City, such approval shall be given by the Executive Director of the Authority or the City Manager of the City (or in either case his/her designee), unless (a) this Agreement explicitly provides for approval by the Board of the Authority or the City Council of the City, (b) approval by the Board or Council is required by law or (c) the approval, in the opinion of the Executive Director or City Manager, would result in a material change in the terms of this Agreement. 11