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request, provide reasonable assistance to the Developer in the Developer's pursuit of such entitlements, permits and approvals. If the Developer is unable to b tain any Land Use Approvals for a Phase of the Developer Improvements, the Developer may ten in ate its rights obligations under this Agreement with respect to such Phase. The Developer shall, without limitation, apply for and secure all permits and pay for all fees required h the City, County of Orange, and other o mmental agencies wi th jurisdiction over the Sitc or the development thereof. Developer acknowledges and agrees that the execution o f this Agreement does not constitute the granting of or a commitment to grant any required lard use permits, entitlements or approvals by the Agency or the City. 303.1 California Environmental Quality Act. The Agency and the Developer acknowledge and agree that the Agency is solely responsible for undertaking to completion, at its sole cost and expense, any environmental studies and documents required pursuant to the California Environmental Quality Act " E A " . Subject to a determination by the parties as to whether or not to proceed with compliance with CEQA, or terminate further efforts regarding the "Project" identified in such CEQA compliance, Agency shall duly file and/or shall cause City to duly file) a Notice of Determination and/or Notice of Exemption pursuant to the requirements of CEQA within five days after the date of Agency and City approval of this Agreement. The Agency hereby agrees that, if any challenge to completion of the requirements of CEQA delays or prohibits Developer from initially applying for financing for Phase -1 or R-2 of the Project (including, without limitation, a reservation of Tax Credits) beyond February 1, 2012, or delays prohibits Developer from commencing development of Phase FS beyond Fcb u ar r 1, 2012, then the Developer shall be entitled to terminate this Agreement as to those Phases for which financing applications or development i s prevented or delayed as set forth herein and, upon an such termination, the Agency shall reimburse Developer for its Third Party Costs within sixty (60) days of submission of documentation to the Agency supporting such Third Party Costs. 303.2 Lot Merger. On or prior to December 31, 2010 with respect to Phase R- and on or prior to the date on which Developer applies for Tax Credits with respect to Phase R-2, the Agency shall cause a lot merger pursuant to Santa Ana Municipal Code Sections 4 -366 through 4 -377 or other Subdivision Map Act compliance so as to combine all of the applicable parcels of the applicable Phase into a single parcel. 304. Time for Commencement and Completion of Construction. The Developer shall commence construction pursuant to validly issued building permits with respect to the Rental Portion of the Project on or before thirty o days after the Closing for the applicable Phase and shall complete construction f the Developer Improvements for the applicable Phase of the Dental Portion of the Project on or before twenty four 4 months following commencement. For Phase FS, grading on all Portions or Phases of Phase FS will commence within o days of the Conveyance of the first Portion or Phase of Phase FS. Construction of the Developer Improvements pursuant to validly issued building permits will commence within ninety 0 days of Conveyance of the first Portion or Phase of Phase FS, and within 30 days after Conveyance of subsequent Portions or Phases of Phase FS. Completion of all construction shall occur on or before twenty-four 4 months after commencement of construction on the first Portion or Phase of Phase FS.. 1 D O O 14 67 141200272- 1