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1 T <br />submitted, and all construction to be carried out, shall be in accordance with <br />Specific Development No. 65, City of Santa Ana Development Plan DP 96 -27 and <br />00 -49. CUP 2001 -24 and Variance No. 97 -03. If Developer submits applications <br />for any use of the Property other than one that complies in all material aspects to <br />Specific Development No. 65, DP 96 -27 and 00 -49. CUP 2001 -24 and Exhibit C, <br />this Agreement shall terminate and all development shall be subject to codes and <br />standards in effect at that time. <br />In addition, Developer shall be responsible for the following: <br />a. Screening of roof -top equipment on the existing main building, <br />which shall be completed by Developer note later than issuance of a certificate of occupancy <br />for the expansion space (Phase II), or eighteen (18) months from execution of the <br />amendment to the Development Agreement, whichever comes first; provided, however, that <br />the eighteen (18) month deadline will not apply if construction on Phase II begins before the <br />eighteen (18) month deadline, and continues unabated until complete. <br />b . Installing and maintaining landscaping portion of Parcel 5 adjacent <br />to future City bikepath pursuant to approved landscaping plan, both before and after <br />construction of the fourteen foot (14') bikepath (ten foot (10') bike plus two, two foot (2') <br />curbs). <br />C. Submission, implementation and maintenance of a City- approved <br />grading plan for the City bikepath easement (as shown on Exhibit "A ") for the period <br />before installation by the City of the bikepath. <br />d. Submission, implementation and maintenance of a City- approved <br />grading plan for the non - hardscaped portion of the City bikepath easement (as shown on <br />Exhibit "A ") and maintenance of the retaining wall supporting the bikepath for the period <br />after construction by the City of the bikepath. <br />C. Repair and restoration of any landscaping as shown on approved <br />landscaping plan which is damaged by the City's Public Works Agency in the exercise of <br />its storm drain easement along the twenty -three feet (23') of the east property line of <br />Parcel 5. <br />f. Install and maintain cladding on remaining five (5) sides of the <br />"theme cube." Developer further agrees that it may not apply for a certificate of <br />occupancy for the parking garage or warehouse with ancillary office use until it completes <br />the "theme cube" by cladding the remaining five (5) sides of the cube with City approved <br />materials, and that the City may disregard and discard any purported application for a <br />certificate of occupancy for these occupancies of Parcel 5 until the cube is complete. <br />