75A - AGMT FOR 99 YEAR LEASE AT 1901 W WALNUT

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consultant or agent of the City relating to the condition of the Property, unless such statement or representation is expressly and specifically set forth in this Agreement. The City hereby expressly and specifically disclaims any express or implied warranties regarding the Property. 3.4 City Pre -Lease Document Approval. 3.4.1 Developer Delivery of Documents. The Developer shall deliver all of the following described documents to the City at least forty-five (45) calendar days prior to the execution of the Lease: (a) All Insurance Documents; and, (b) Any covenants, conditions or restrictions proposed for the Property. 3.4.2 City Approval. Within thirty (30) calendar days after the City receives any item required to be delivered to the City by the Developer, the City shall Notify the Developer whether or not such submitted matter is reasonably acceptable to the City. Any Notice from the City stating that a particular submitted matter is not acceptable to the City shall also state the actions that the City reasonably believes are required to make such matter acceptable to the City. Within thirty (30) calendar days after receipt of any Notice from the City stating that a submitted matter is not acceptable to the City, the Developer shall appropriately revise any matter disapproved by the City in a manner intended in good faith to obtain the City's approval of such matter and re -submit such matter to the City for approval. The process applicable to the City's consideration of the initial submittal of any matter shall apply to any re -submittal of such matter, following its disapproval by the City. If the City fails to Notify the Developer that it does not approve of any submitted matter within the requisite thirty (30) calendar day period, then the City shall be deemed to have approved such matter. 3.5 City Relocation Assistance. 3.5.1 Relocation. The Property is vacant, and therefore, the City has no known relocation and related obligations. Notwithstanding the foregoing, as between the City and the Developer, the City shall be responsible, at its sole cost and expense, for any and all relocation and related expenses attributable to the relocation of the occupants of the Property, if any. The City shall defend, indemnify and hold the Developer and its officers, employees, agents, attorneys, and contractors harmless from and against all liability for any relocation and related expenses attributable to the development of the Property and the relocation of its previous occupants. ARTICLE 4 PROJECT DEVELOPMENT 4.1 Developer Covenant to Develop Project. The Developer covenants to and for the exclusive benefit of the City that the Developer shall commence and complete the development of the Project on the Property, within the time period for such action set forth in the Performance Schedule. The Developer covenants and agrees for itself, its successors and 14 75A-19