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At the time Developer submits its Final Development Plan to the Agency, <br />Developer shall apply to the City of San Leandro and, diligently pursue, and obtain <br />all permits necessary for the construction of the Improvements. Developer <br />acknowledges that execution of this Agreement by the Agency does not constitute <br />approval by the City of San Leandro, does not limit in any manner the discretion of <br />the City of San Leandro in the approval process, and does not relieve Developer from <br />the obligation to obtain all necessary permits, including building permits. Developer <br />shall promptly pay when due all customary and reasonable fees and charges of the <br />City of San Leandro in connection with the processing and consideration of the City <br />permits and approvals contemplated by this section. <br />The value of the fire access road, median island on Marina Boulevard, revision <br />to Wayne Avenue, and other traffic improvements approved for credit by the City <br />Traffic Administrator shall be credited against the Development Fees for Street <br />Improvements (the "DFSI") payable by Developer in connection with the <br />Improvements. <br />1.07 Building Permit. <br />At the time the Developer submits its Construction Plans it shall also apply <br />for, diligently pursue and obtain issuance of a building permit from the City of San <br />Leandro allowing the construction of the Improvements called for in the Final <br />Development Plan. <br />Article Two: AGENCY PRE -DISPOSITION REQUIREMENTS <br />2.01 Conditions Precedent. <br />Developer's obligation to purchase the Property is contingent upon the <br />conditions set forth below being waived or satisfied on or before the dates provided <br />for below. Developer may terminate this Agreement by written notice to Agency if <br />Developer determines that the conditions set forth in this Article Two, Part One have <br />not been satisfied by the events set forth herein, or the date or extended date <br />provided for herein for the satisfaction of such conditions. <br />Disposition and Development Page 5 of 39 <br />Agreement (Automall) <br />10/2/96 <br />