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1. <br />2. <br />ATTACHMENT NO.4 <br />SCHEDULE OF PERFORMANCE /MILESTONES <br />Action Date <br />Execution of Agreement by City. The City shall Within _ days after execution and delivery by <br />authorize execution of this Agreement and deliver the Developer. <br />his Agreement to the Developer. <br />Submission of Preliminary Title Report. The City ! Within days following execution of <br />shall cause to be prepared and delivered to the Agreement by City. <br />Developer a Preliminary Title Report for the City i <br />Property. - - <br />3. Approval of Preliminary Title Report. The <br />Developer shall approve the Preliminary Title <br />Report for the Site. <br />4. Feasibility Period. The ,Developer shall complete <br />its investigations and approve or disapprove of the <br />condition of the City Property, and decide whether <br />to move forward with the Hotel Project. <br />Within days after receipt of updated <br />Preliminary Title Report from City (following <br />acquisition of Successor Agency Parcels)._ _ <br />Within days after execution of this <br />Agreement by the City. <br />5. Submission of Site and Construction Plans and !. Within days after execution of this <br />Construction and Operating Budget. The Agreement by the City. <br />Developer shall prepare and submit to the City <br />final construction plans, drawings and related <br />documents. <br />6. Approval of Site and Construction Plans and <br />Construction and Operating Budget. The City <br />shall approve the Developer's final construction <br />plans. <br />7. Submission of Evidence of Financing. The <br />Developer shall submit evidence of adequate <br />financing to construct the Project. <br />In accordance with City's normal plan check and <br />design review process. <br />Concurrent with or immediately following <br />approval of final Construction and Operating <br />Budget, but in any event within days prior to <br />close of escrow. <br />8. Anproval of Evidence of Financing. The City Within days after receipt thereof by the <br />shall review and approve Developer's evidence Agency. <br />of adequate financing to construct the Project. <br />9. Satisfaction of All Conditions Precedent to Close At or prior to the close of escrow. <br />of Escrow. Developer and City, as applicable, <br />shall complete all other conditions precedent to <br />close of escrow provided for in Section 3.5. <br />Attachment No. 4, Page 1 <br />55394.00000\29008220.1 65A -36 <br />