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application for a lot line adjustment, merger, or other applicable subdivision process necessary to <br /> combine the Kottinger Parcel, the Regalia Parcel, and the Vineyard Parcel into one parcel <br /> suitable for the development of the Development. <br /> (2) The City shall endeavor to complete such processes in a timely manner <br /> so as not to hinder Developer's ability to complete its obligations within the time frame <br /> contemplated in the Schedule of Performance. However, nothing shall prohibit the City from <br /> exercising its judgment in requiring further public, staff, Task Force, Community Development <br /> Department, other City advisory body, or City Council review if deemed necessary to complete <br /> the project provided Developer receives notice from the City detailing the anticipated length of <br /> the extension. <br /> (g) Additional Funding. The City will make diligent efforts to assist and <br /> support Developer's applications for additional public funding for the Development. In addition, <br /> the City shall cooperate in good faith with Developer to accommodate the reasonable security <br /> needs of private lenders necessary to finance the construction of the Development. If so required <br /> by these additional private lenders, City shall reasonably subordinate its interest in the <br /> Development. <br /> (h) Transfer of Pleasanton Gardens HAP Contract. The City with assistance <br /> from the Developer will make best efforts to have the existing Project Based Section 8 Housing <br /> Assistance (HAP) Contract from Pleasanton Gardens transferred to the Development and <br /> renewed for a twenty(20) year term. <br /> ARTICLE 4. <br /> PREDEVELOPMENT OBLIGATIONS <br /> Section 4.1 HUD Demolition/Disposition Approval. The Housing Authority shall <br /> diligently pursue such HUD approval as may be required pursuant to Section 18 of the United <br /> States Housing Act of 1937 and 24 CFR Part 970 as may be required to obtain HUD approval to <br /> dispose of the Kottinger Parcel in accordance with this Agreement. The City and the Developer <br /> shall provide reasonable assistance in preparing submissions and obtaining approval, as <br /> requested by the Housing Authority, in order to ensure HUD's approval of the demolition and/or <br /> disposition as applicable within the time frame contemplated in the Schedule of Performance. <br /> The Housing Authority shall endeavor to secure such approvals from HUD in a timely manner so <br /> as not to hinder Developer's ability to complete its obligations within the time frame <br /> contemplated in the Schedule of Performance. Notwithstanding the foregoing, Developer <br /> recognizes that approval to dispose of the Kottinger Parcel is at the sole discretion of HUD <br /> which may approve or deny any approval request from the Housing Authority. <br /> Section 4.2 Developer Predevelopment Obligations. Prior to the Closing the <br /> Developer shall conduct the Developer predevelopment obligations as described in Section 3.1 <br /> and shall use diligent efforts to do so, in accordance with the Schedule of Performance. <br /> Developer will ensure that work which it conducts is conducted in conformance with all <br /> applicable laws and will obtain all necessary permits and approvals of third parties. Developer's <br /> 11 <br /> 191\52\1242198.13 <br />