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shell be further extended until such construction in process is <br />completed, not to exceed an additional three years after expiration <br />of the original or modified term. <br /> <br /> (d) The termination of this Development Agreement shall <br />not affect any right or duty arising independently from entitle- <br />ments to use issued by City or other land use approvals approved <br />concurrently with or subsequent to the approval of this Development <br />Agreement. <br /> <br /> (e) Upon the expiration or termination of this Develop- <br />ment Agreement for any reason, the City end Developer and its <br />successors and assigns agree to cooperate and execute any document <br />reasonably requested by the other party to remove this Development <br />Agreement from the public records as to the property or any <br />applicable portion thereof. <br /> <br />4. Development Standards end Phasing. <br /> <br /> In connection with the development of the Property by the <br />Developer, the City hereby agrees that the permitted uses of the <br />Property, density of use, intensity of use, maximum height and size <br />of proposed buildings shall be those set forth in the Plan. The <br />type, level and phasing of proposed development for the Property is <br />set forth in Exhibit C, attached hereto and incorporated herein. <br />Prior to the issuance of a certificate of occupancy for any <br />residential building on the Property, the Developer shall have: <br /> <br />(i) <br /> <br />secured building permits for all buildings stated in <br />Exhibit C to comprise the nonresidential portion of Phase <br />I of the development of the Property (the "Phase <br />Nonresidential portion"), to not less than the minimum <br />square footage for such buildings nor more than the <br />maximum square footage for such buildings, as set forth <br />in said Exhibit C; <br /> <br />(ii) <br /> <br />provided the City with a certificate from the Developer <br />that financing (including but not limited to owner <br />financing) is available with respect to the Phase I <br />Nonresidential portion, such certificate to be accompa- <br />nied by customary documentation of the availability of <br />funds, including letters from any lenders and investors <br />in the customary form used by lenders and investors'in <br />similar projects in southern California to express their <br />willingness to finance the Phase I Nonresidential <br />portion; and <br /> <br />(iii) <br /> <br />commenced construction of the Phase I Nonresidential <br />Portion at least to the extent that the poured foundation <br />of all buildings shall have been completed. <br /> <br />The City's Executive Director of Planning and Building shall, upon <br /> <br />5 <br /> <br /> <br />