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35 <br /> <br />responsible for any necessary demolition, grading or other work necessary to prepare the <br />Property for the Project. <br />2.7. Pre-Closing Work. Developer may request City approval to perform certain work <br />upon the Property prior to the close of escrow for the Single Family PSA or commencement of <br />any of the Ground Leases. Such work may include, without limitation, demolition of existing <br />buildings and improvements on the Property, deposit of soil upon portions of the Property in <br />accordance with Section 1.4.17 hereof, and other site preparation work. Such request shall be in <br />writing, and shall include a narrative description of the work which Developer proposes to <br />undertake and such engineering and/or architectural plans and drawings as may be required by <br />the City and other governmental agencies with jurisdiction over such proposed work. City’s <br />approval of the requested work may be granted or denied in City’s sole discretion. In the event <br />City approves the requested work, City and Developer shall enter into a right of entry agreement <br />in the form described in Section 2.5 hereof. Any work performed by Developer hereunder shall <br />be at the sole risk of Developer, and City shall not be responsible to compensate Developer for <br />any such work performed upon the Property. Developer shall comply with all laws and obtain <br />all permits required in connection with such work. <br />2.8. Not a Development Agreement. The Parties acknowledge that this Agreement <br />does not contain the required elements of a “development agreement” as defined in Government <br />Code Section 65864, et seq. This Agreement does not address the fundamental purpose of a <br />development agreement in that it does not grant any vested rights to the Developer or provide <br />any assurance to the Developer that upon approval of the Project, the Developer may proceed <br />with the Project in accordance with existing policies, rules and regulations, and conditions of <br />approval. Instead, this Agreement provides that the Project will be required to comply with any <br />applicable rules, regulations and policies governing permitted uses of the land, density, design, <br />improvement and construction standards and specifications applicable to the Project, whether or <br />not in conflict with rules, regulations or policies existing as of the date of this Agreement. <br />Accordingly, the Parties agree that this Agreement is not a development agreement as defined in <br />Government Code Section 65864, et seq. <br /> <br /> <br />ARTICLE 3. <br />[Deleted] <br /> <br />ARTICLE 4. <br />AMENDMENTS <br />4.1. Amendments. Any amendments to this Agreement shall be made in writing <br />executed by the parties hereto, and neither Developer nor City shall be bound by verbal or <br />implied agreements. The City Manager (or designee) shall be authorized to enter into certain <br />amendments to this Agreement on behalf of the City in accordance with Section 9.18 hereof. <br />4.2. Amendments Requested by Lenders. In the event that Developer or its Lender <br />requests any amendments to this Agreement, or any of the documents to be executed pursuant to <br />this Agreement, the City shall reasonably consider such request. Any costs incurred by the City