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Development Property and the Project, and that such subsidies may be more favorable than the <br />terms of this Agreement, and that the City has informed the Developer that development of the <br />Development Property will not be favored over the development of other properties. <br />(5) The Developer understands, represents, warrants, and agrees that the creation of the <br />TIF District and the execution and delivery of this Agreement are separate and distinct from the <br />City's applicable zoning, subdivision and building code laws and ordinances and planning process. <br />The Developer understands, represents, warrants, and agrees that the Project must still go through <br />the City's normal planning, zoning, subdivision and building code processes, including but not <br />limited to, review and approval by the City's planning commission and the City Council, and <br />approval of construction plans by the City's building officials. The approval of the TIF District <br />and the execution and delivery of this Agreement will not impact or be considered during the City's <br />normal planning, zoning, subdivision and building code processes. The Developer understands, <br />represents, warrants and agrees that the approval of the TIF District by the City Council, the <br />approval of this Agreement by the City Council and the execution and delivery of this Agreement <br />does not constitute a representation or warranty by the City that the that the Project complies with <br />applicable building code, health or safety regulation, zoning regulation, environmental law or other <br />law or regulation, or that the Project will be approved as part of the City's normal planning process <br />by the City's planning commission or the City Council, as applicable. The Developer understands, <br />represents, warrants and agrees that nothing in this Agreement shall be construed to relieve the <br />Developer of its obligations to comply with the City's applicable zoning, subdivision and building <br />code laws and ordinances and planning process including but not limited approval of Construction <br />Plans by the City's building official as part of the City's normal building code process. Nothing <br />in this Agreement shall be construed to relieve the Developer of its obligations to receive any <br />required approval of the Construction Plans for the Project from any City department. <br />6 <br />EL185-70-769416.d7 <br />