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4.2.5 Developer Payment of Costs and Fees. The Developer and the City agree <br />that the City shall not provide any financial assistance to the Developer in connection with the <br />construction or installation of the Project. This provision does not preclude support to the <br />Developer including, but not limited to, discretionary funds. The Developer shall be solely <br />responsible for paying for the costs of all design work, construction, labor, materials, fees, <br />permits, applications, and other expenses associated with the Project. The Developer shall pay <br />any and all fees pertaining to the review and approval of the Project by each Government and <br />utility service providers, including the costs of preparation of all required construction, planning <br />and other documents reasonably required by each Government or utility service provider <br />pertinent to the construction, installation or operation of the Project on the Property, including, <br />but not limited to, specifications, drawings, plans, maps, permit applications, land use <br />applications, zoning applications, environmental review and disclosure documents and design <br />review documents. The Developer shall obtain any and all necessary governmental approvals, <br />prior to the commencement of applicable portions of construction and installation of the Project, <br />and the Developer shall take reasonable precautions to ensure the safety and stability of <br />surrounding properties during the construction and installation of the Project. <br />4.2.6. CEQA. The conceptual Project components may be revised and refined by the <br />entitlement application process that Developer intends to pursue once this Agreement is <br />approved by the City Council to obtain the necessary entitlements, which will take place in <br />accordance with the Schedule of Performance and as otherwise provided for herein. <br />Accordingly, the foregoing conceptual Project components will be subject to further <br />consideration and approval by City in accordance with applicable laws and regulations, <br />including City's review under the California Environmental Quality Act (Public Resources <br />Code § 21000 et seq. and CEQA Guidelines § 15000 et seq.) ("CEQA"). As described more <br />fully herein, Developer's development of the Site is conditioned on City completing its <br />compliance with CEQA before City considers whether or not to approve the Project or any of <br />its components. By entering into this Agreement, City is not committing itself to approve the <br />Project or any component of the Project. However, as detailed more fully herein, City will <br />undertake the steps necessary so that it may properly consider, in the future, whether or not to <br />approve the Project. As part of this consideration and as may be required for purposes of CEQA <br />compliance, it is understood and agreed by the parties that City may consider alternatives to the <br />Project or any of its components; it may impose feasible measures upon the Project to mitigate <br />identified significant impacts; it may condition approval of the Project on Developer's <br />willingness to modify the Project; or it may deny the Project altogether. Accordingly, City is <br />retaining its full discretion within the bounds of applicable laws in considering the Project. <br />4.3 Developer Changes to Project Plans and Specifications During Course of <br />Construction. The Developer shall have the right, during the course of construction of the <br />Project, to make "minor field changes," without seeking the approval of the City, if such <br />changes do not affect the type of use to be conducted within all or any portion of a structure. <br />"Minor field changes" shall be defined as those changes from the approved construction <br />drawings, plans and specifications that have no substantial effect on the Project and are made <br />in order to expedite the work of construction in response to field conditions. Nothing contained <br />in this Section 4.3 shall be deemed to constitute a waiver of or change in any Approvals <br />governing any such "minor field changes" or in any Approvals by any Government otherwise <br />required for any such "minor field changes." <br />16 <br />75A-21 <br />