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1. Submit Final Design of off-site Storm Drain and obtain review and approval by the City and the City of Costa Mesa. Final design must conform to Storm Drain Locational Plan. Prior to issuance of Building Permit for Phase I building, as set forth in developer's plans submitted in connection with GPA No. 98-04, AA No. 98-11, and related negative declaration. 2. Install off-site storm drain system from Sunflower to the Owner's property line along Harbor Boulevard as set forth in the Final Design. Prior to City's issuance of Certificate of Use and Occupancy for Phase I building, or six (6) years from the effective date of this Agreement, whichever comes fa:st. After the effective date of this Ag~.eement, Owner shall promPily and diligently ' ' ' · - malte ~ood faith efforts to secure afl n[c.essary permits, variances and approvals necessary tO - -" ' pursue to completion the facilities set forth in the Final Design of the Storm Drain Locational Piafi and the development therefor as provided in this Agreement, including without limitation all permits from the City of Costa Mesa. With respect to the Final Design, Owner shall complete all construction and development, shall submit all plans, drawings, and other documents, and perform all of its obligations under this Agreement within the times specified above. During periods of construction of the off-site storm drain egcompassed in the Storm Drain Locational Plan, Owner shall submit to the City a written report of the progress of the construction when and as reasonably requested by the City. The report shall be in such form and detail as may be reasonably required by the City, and shall include a reasonable number of construction photographs (if requested) taken from the last report by Owner. Development scheduling or date or times of performance may be subject to revision from time to time if fzrst mutually agreed to in writing. Such revisions do not constitute amendments requiring further notice and public hearing. Notwithstanding the fo?egoing, for a twelve (12) month period following the effective date of this restated and amended Agreement as set forth in Section 1.6 above,, Owner shall have the un/lateral right to inform the City in writing that it is canceling this Agreement on the sole grounds that it has chosen to not proceed with the Project. This twelve (12) month period within which the Owner may cancel this Agreement may be extended for an additional six (6) months upon Owner's written request coupled with the written approval of this request by the Executix;e Director of the City's Public .Works Ag.ency. Should Owner exercise its right to cancel. this Agreement during this twelve (12) month period'or'an3/six (6) niohth extehsion, neither · Owner nor City shall have any rights or obligations hereunder. After this twelve (12) monih period, together with any six (6) month extension, Owner's obligations hereunder may only be waived or amended pursuant to the provisions of Section 9.2 of this Agreement. 5.9 Responsibility For Costs of Off-Site Storm Drain. The City and Owner agree that Owner shall be responsible for all costs associated with the design and construction of the off-site storm drain provided for in the Storm Drain Locational Plan. Upon acceptance of the off-site storm drain, including but not limited to the catch basins, by the City and the City of Costa Mesa, Owner's responsibility to pay all costs associated with the off-site storm drain shall cease. Owner shall obtain at least three (3) bids from qualified bidders for the construction of the off-site storm drain, which identifies all labor and construction costs associated with the Storm Drain Locational Plan. These bids shall be submitted to the City and Owner shall award the contract to construct the off-site storm drain to the bidder selected by the City. Owner's overall financial 8