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materials so tong as such activities do not unreasonably interfere with City's development of the Public Parcel. (e) With respect to Property Owner's reservation of rights to use portions of the Public Parcel for Biological Mitigation, to the extent any portion of the Public Parcel in the Eastern Area is required in connection with Biological Mitigation requirements for Alternative A, all portions of the Public Parcel in the Eastern Area shall be made available for any such Biological Mitigation measures. If any portion of the Public Parcel in either the Central Area or the Western Area is required in connection with the Biological Mitigation measures for Alternative A, City and Property Owner shall mutually agree on the portion(s) of the Central and/or Western Areas to be used for the Biological Mitigation measures, such agreement not to be unreasonably withheld. If Alternative B is selected in accordance with the provisions of Section 3.15(a) and Biological Mitigation measures are required, the first Biological Mitigation measures shall include the drainage ditch and detention basins in the Public Parcel located in the Central Area. Additional portions of the Public Parcel to be dedicated for Biological Mitigation measures that may be required with respect to Altemative B shall be mutually agreed upon between City and Property Owner, such agreement not to be unreasonably withheld. No matter which Alternative is ultimately selected in accordance with the provisions of Section 3.15(a) below, in no event shall Property Owner be required to provide Biological Mitigation outside the Property boundaries. (f) Property Owner shall dedicate and transfer the Public Parcel and City shall accept the offer of dedication and transfer within sixty (60) days following the later to occur of (1) the Property having been annexed into the City, (2) a Final Map having been recorded and (3) initial building permits having been issued for the Project's commercial and office property, apartment community, and residences on the 4,000, 6,000 and 12,000 square foot lots; provided, however, that if Property Owner has not submitted plans for "plan check" for residences on the 4,000, 6,000 and 12,000 square foot lots within six (6) months following annexation, then the conditions of subparagraph (3) shall be deemed to be waived. In addition, if Property Owner is delinquent with respect to any item reflected on the "Master Map/Building Permit Schedule" (as hereinafter defined) for which Property Owner is responsible, by more than sixty (60) days, then the conditions of subparagraph (2) shall be deemed to be waived; provided, however, such waiver shall not be deemed to be effective if Property Owner has, on or before the expiration of any such sixty (60) day period, initiated and is diligently pursuing the procedures set forth in Section 5.6 and/or 5.5 below. Notwithstanding the conditions set forth in this Section 3.3(0, Property Owner shall, subject to the provisions of Section 3.3(c) above and 3.3(j) below, dedicate and transfer the Public Parcel and City shall accept the offer of dedication and transfer of the Public Parcel within thirty (30) days following June 1, 2002. (g) Property Owner acknowledges that it has not yet been determined what uses the City will ultimately place on the Public Parcel but such uses may include (but are not limited to) a community park (including lighted sportsfields), a golf course, a commuter train station, and a cemetery. Once the uses are known, City will work in good faith with Property Owner to minimize the impacts of these uses on the Project's residential users; provided, however, in no event shall a cemetery be located anywhere on the Western Area. Property Owner shall include in its Covenants, Conditions and Restrictions, and shall prepare a disclosure, both to be approved by the City Attorney, such approval not to be unreasonably withheld, 35690/849375v14 12 0*/25/00