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5. The Agency will be required to approve every aspect of architectural design, site <br /> development, signage, and creek enhancements. Other City approvals required <br /> include approvals from the City Traffic Administrator and Engineering <br /> Department, and Alameda County Fire Department. <br /> C. Developer Responsibilities <br /> As a condition precedent to the Agency obligation to sell and convey the Site to the Developer, the <br /> Developer shall: <br /> 1. Submit to the Agency a Final Development Plan and Pro Forma for the Project, <br /> substantially consistent with the Development Concept Plan and the <br /> Redevelopment Plan. <br /> 2. Submit to the Agency construction plans for the Project based upon the Final <br /> Development Plan. <br /> 3. Submit to the Agency evidence of financing the acquisition of the Site and <br /> construction of the Project. <br /> 4. Obtain all Agency and City approvals of all design plans and construction permits <br /> for the Project, including building permits. <br /> 5. Pay all fees and charges of the City of San Leandro in connection with the <br /> processing and consideration of the City permits and approvals required for the <br /> Project. <br /> Presuming that the above conditions are met, and subject to the specific terms and conditions stated <br /> in the Agreement, the Developer shall: <br /> 1. Purchase the Site from the Agency for 52,513,421. <br /> 2. Develop, construct and open the Project in accordance with the Scope of <br /> Development in the DDA and within the time frame specified in the Agreement. <br /> The Project will include a ground -floor restaurant of 2,700 sq.ft. of net rentable <br /> area (NRA). Should the Developer fail to lease the 2,700 sq.ft. restaurant space <br /> within the time frame specified, then the purchase price for the Site will increase <br /> by S250,000. <br /> 3. Repay Agency loan for parking deck construction costs ( "Parking Deck Loan"), <br /> pursuant to the Agreement. The Agency will only make this loan to the <br /> .264D Keyser Marston Associates, Inc. <br /> 19096.0261002- 002.doc Page 6 <br />