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303. Land Use Approvals. Before commencement of construction of the Improvements or other works of improvement upon the Property, the Developer shall, at its own expense, secure or cause to be secured any and all land use and other entitlements, permits and approvals which may be required for the Improvements by the City or any other governmental agency affected by such construction or work. The Developer shall, without limitation, apply for and secure the following (as required), and pay all costs, charges and fees associated therewith: (a) Lot Line Adjustment/Merger; (b) Developer shall obtain all building and grading permits and pay all fees required by the City, Orange County and other governmental agencies with jurisdiction over the Improvements. Notwithstanding anything to the contrary set forth herein, the execution of this Agreement does not constitute the granting of or a commitment to obtain any required land use permits, entitlements or approvals required by the Agency or the City. Developer acknowledges and agrees that all plans prepared for the Project (including the Design Development Drawings) shall be subject to the City's normal planning review process and further that such plans may be subject to review by the City's Planning Commission. 304. Schedule of Performance. The Developer shall submit all Design Development Drawings, obtain all permits, commence and complete all construction of the Improvements, and satisfy all other obligations and conditions of this Agreement within the times established therefore in the Schedule of Performance attached hereto as Exhibit J and incorporated herein. The Agency and City shall perform all of their obligations hereunder within the times established therefore in the Schedule of Performance. 305. Cost of Construction. Except to the extent otherwise expressly set forth in this Agreement, all of the cost of the planning, designing, developing and constructing all of the Improvements, including preparation of the Property and grading, shall be borne solely by the Developer. 306. Reserved. 307. Completion of Project. Developer shall commence and diligently proceed with development of the Project. In any event, Developer shall complete the Project not later than the date established therefor in the Schedule of Performance unless extended by agreement of Agency, City and Developer. 308. Rights of Access. For purposes of assuring compliance with this Agreement, representatives of the City and Agency shall have the right of access to the Property, without charges or fees, at normal construction hours during the period of construction for the purposes of this Agreement, including but not limited to, the inspection of the work being performed in constructing the Improvements so long as such City and Agency representatives comply with all safety rules. The City and Agency (or their representatives) shall, except in emergency situations, notify the Developer prior to exercising their rights pursuant to this Section 308. 309. Compliance With Laws. The Developer shall carryout the design and construction of the Improvements in conformity with all applicable laws, including all applicable federal and state 12 DOCSOC/] 469583v5/200272-0003