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<br />documents and agreements in connection with the Project. In addition, certain engineering,
<br />environmental advisor, legal, land use, zoning, subdivision and other costs related to the
<br />development of the Development Property are required to be paid, or additional funds deposited
<br />in escrow, as provided in accordance with the City’s planning, zoning, and building fee schedules.
<br />The parties agree and understand that Developer deposited with the City $10,000 toward payment
<br />of the City’s Administrative Costs. If such costs exceed such amount, then at any time, but not
<br />more often than monthly, the City will deliver written notice to Developer setting forth any
<br />additional fees and expenses, together with suitable billings, receipts or other evidence of the
<br />amount and nature of the fees and expenses, and Developer agrees to pay all fees and expenses
<br />within 30 days of City’s written request. Any unused amount of such deposit shall be returned to
<br />the Developer. This Section 3.3 shall survive termination of this Agreement and shall be binding
<br />on the Developer regardless of the enforceability of any other provision of this Agreement.
<br />Section 3.4. Compliance with Environmental Regulations.
<br />(1) The Developer shall comply with all applicable local, state, and federal
<br />environmental laws and regulations, and will obtain, and maintain compliance under, any and all
<br />necessary environmental permits, licenses, approvals or reviews.
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<br />(2) The City makes no warranties or representations regarding, nor does it indemnify
<br />the Developer with respect to, the existence or nonexistence on or in the vicinity of the
<br />Development Property or anywhere within the TIF District of any toxic or hazardous substances
<br />or wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde,
<br />the group of organic compounds known as polychlorinated biphenyls, petroleum products
<br />including gasoline, fuel oil, crude oil and various constituents of such products, or any hazardous
<br />substance as defined in the Comprehensive Environmental Response, Compensation and Liability
<br />Act of 1980 (“CERCLA”), 42 U.S.C. §§ 961-9657, as amended) (collectively, the “Hazardous
<br />Substances”).
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<br />(3) The Developer agrees to take all necessary action to remove or remediate any
<br />Hazardous Substances located on the Development Property to the extent required by and in
<br />accordance with all applicable local, state and federal environmental laws and regulations.
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<br />(4) The Developer waives any claims against the City, for indemnification,
<br />contribution, reimbursement or other payments arising under federal and state law and the common
<br />law or relating to the environmental condition of the land comprising the Development Property.
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<br />Section 3.5. Construction Plans.
<br />(1) Prior to the commencement of construction of the Project, the Developer shall
<br />deliver to the City the Construction Plans, Construction Documents and a sworn construction cost
<br />statement certified by the Developer and the General Contractor (the “Sworn Construction Cost
<br />Statement”) all in form and substance reasonably acceptable to the City. The Construction Plans
<br />for the Project shall be consistent with the Development Program, this Agreement, and all
<br />applicable State and local laws and regulations, and the Site Plan and Design Drawings submitted
<br />to the City and shall provide for design, quality, materials and building finishes of the finished
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<br />EL185-50-718703.v2
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