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® I Redevelopment Plan. The Developer acknowledges that, but for the unusually high level and cost of improvements which Developer has committed to accomplish and which are required to be accomplished by Developer under this Agreement, as well as the commitments relative to the improvement and maintenance of the Adjacent City Property and the obligations of the Developer to defend and indemnify the Agency, the Agency would not have entered into this Agreement and could have realized a higher purchase price. The Developer agrees and acknowledges that it shall accomplish the development of the Property and the Adjacent City Property in strict conformity with the Scope of Development. 1.03 Final Development Plan. Developer shall submit to the Agency a final development plan ("Final Development Plan ") for the Developer Improvements (also commonly referred to as the Design Development • Package) no later than fifteen (I 5) days after the Date of Agreement. The Final Development Plan shall be consistent with the Development Concept Plan and the Redevelopment Plan and shall set forth in drawings and models and /or elevations, size and location of buildings, the number and location of parking spaces (which shall be provided in part by the Required Parking Structure), the specific treatment and location of all landscaping amenities, the location of all pedestrian and automobile ingress and egress points, the proposed uses of the various portions of the buildings, and the location of other public streets and improvements. The Final Development Plan shall include elevation drawings of all building facades; a site plan drawn at a minimum scale of 1 inch = 20 feet; a color and materials board for all sides of all buildings; photos of cut sheets of major site furnishings and lighting; and drawings of open space areas at a minimum of'/, inch = I foot. The Developer shall not propose and the Developer acknowledges that the Agency will not approve any modifications to the proposed Developer Improvements or any other of the Developer Improvements which lower the cost of materials, reduce the proposed square footage, or which otherwise, in the judgment of the Executive Director, do not fully conform to the specifications included as part of the Scope of Development or are inconsistent with or do not fully and faithfully implement the Development Concept Plan or the Scope of Development. The Agency shall approve all aspects of architectural design and site development in the Final Development Plan. In preparation of the Final Development Plan, the Developer shall work with Friends of the Creek and other interested parties on creek access, creek clean-up, improvements, the relationship of the buildings to the creek, the creekwalk and any other issues involving the creek. The Developer shall also work with the Condominium Owners Associations on aspects of the Project that affect their property; provided that the obligations of the Developer to the Condominium Owners Associations shall be deemed to be satisfied by the provision of the Condominium Benefiting Improvements. When the Final Development Plan is approved by the Agency, it shall form a part of this Agreement as a supplement to the Development Concept Plan and the Scope of Development; provided that the Final Development Plan must be consistent with the Development Concept Plan and in strict conformity with the Scope of Development. Any change, modification, revision or alteration of the approved Final Development Plan shall be submitted for approval by the Agency; if not so approved, the approved Final Development Plan shall continue to control. Any proposed material change, modification, revision or alteration shall be approved or disapproved by the Agency within fifteen (15) days of submittal unless the change, in the discretion of the Executive Director, requires review by the Agency Board, 7 D005OC\74604 I v4124258.0002 •