Common use of Site Plan Clause in Contracts

Site Plan. The Developer has previously provided a site plan and elevations to the CRA for the Project as referenced on Exhibit “D” attached hereto (the attached site plan and elevations are collectively, the “Site Plan”). The CRA hereby acknowledges and agrees that the Site Plan is acceptable to the CRA. The foregoing shall in no way constitute or be construed as the approval or issuance of a development order, it being expressly acknowledged and agreed by the Developer that the Site Plan will require separate submission, review, and approval pursuant to the requirements of the City’s Code. Except for a Permitted Change (as hereinafter defined), no changes, alterations or modifications shall be made to the Site Plan (either prior to or after approval by the City) without the prior written approval of the CRA, which approval shall not be unreasonably withheld, delayed or conditioned; provided, however such approval may be withheld in the CRA’s sole and absolute discretion if the requested change, alteration or modification consists of a Material Change. For purposes of this Agreement, a “Material Change” means and refers to a requested change, alteration or modification to that (i) in the aggregate with all other changes, alterations and modifications increases or decreases the square footage of the condominium building and/or the common areas by ten percent (10%) or more, (ii) changes the number of stories of a building, and/or (iii) deletes any Project amenities. Following approval of the Site Plan for the Project by the City staff pursuant to the City’s Code, except for Permitted Changes, the Developer shall not initiate or request review by City staff of any changes or alterations to the approved Site Plan for the Project without the prior written approval of the CRA, which approval shall not be unreasonably withheld, conditioned or delayed. In the event the approval process by the Governmental Authorities results in changes to the Site Plan that materially and adversely impacts the Developer’s development scheme, plan, marketability, profitability and/or financeability of the Project, then Developer shall have the right to terminate this Agreement by giving written notice to the CRA whereupon all obligations and liabilities of the parties hereunder shall terminate and the Developer shall pay the Inspection Costs.

Site Plan. The Developer has previously provided a Landlord represents and warrants that Exhibit A attached hereto accurately depicts in all material respects the intended future development of the Project, as presented by Landlord for approval to all applicable Governmental Authorities having jurisdiction over the Project including the existing, and where indicated, future physical configuration of the Center, and illustrates the location, relative size, and configuration of the new development contemplated for the Project, all significant Common Areas (including the Parking Areas elements) of the Center and the agreed location of the Building Pad and Building as of the Effective Date, all as presented to applicable Governmental Authorities, except as to the following approvals that have not yet been obtained: (i) approval by Sacramento County of the master plan and detailed site plan and elevations to for the CRA Project; (ii) design review approval for the Project as referenced on Exhibit “D” attached hereto from Sacramento County; and (iii) a conditional use permit, sign variances and traffic signal approvals, in each case, from the attached site plan and elevations are applicable governmental authority (collectively, the “Site PlanProject Approvals”). The CRA hereby acknowledges and agrees that From time to time promptly after the completion of any building improvements or Common Area elements of the Center, Landlord shall deliver to Tenant a revised, “as-built” site plan of the Center, but the delivery of such revised site plan shall not constitute a permitted modification or substitution of or permitted deviation from the Site Plan is acceptable attached hereto as Exhibit A. (a) No “material” (as defined below in this Section) modification to the CRA. The foregoing shall in no way constitute or be construed Protected Area as the approval or issuance of a development order, it being expressly acknowledged and agreed by the Developer that shown on the Site Plan will require separate submission, review, and approval pursuant to the requirements of the City’s Code. Except for a Permitted Change (as hereinafter defined), no changes, alterations or modifications shall be made to the Site Plan (either prior to or after approval by the City) effected, without the prior written approval of the CRATenant, which approval shall not be unreasonably withheld, delayed or conditioned; provided, however such approval may be withheld in the CRATenant’s sole and absolute discretion if discretion. The Project (outside the requested change, alteration or modification consists of a Material Change. For purposes of this Agreement, a “Material Change” means and refers to a requested change, alteration or modification to that (iProtected Area) in the aggregate with all other changes, alterations and modifications increases or decreases the square footage of the condominium building and/or the common areas by ten percent (10%) or more, (ii) changes the number of stories of a building, and/or (iii) deletes any Project amenities. Following approval of shall not materially deviate from the Site Plan for the Project by the City staff pursuant to the City’s Codein any material respect, except for Permitted Changes, the Developer shall not initiate or request review by City staff of any changes or alterations to the approved Site Plan for the Project without the prior written approval of the CRATenant, which approval shall not unreasonably be unreasonably withheld. Notwithstanding the foregoing, conditioned Landlord may change the configuration and location of the various tenant spaces and buildings within the Permissible Building Area, shown on the Site Plan. (b) Any deviations or delayed. In the event the approval process by the Governmental Authorities results in changes to the Project or any portion thereof shall be deemed to be “material” if such deviations or changes: (i) alter or necessitate an alteration in the size, location or configuration of the Premises; or (ii) alter or necessitate an alteration in the Common Areas within the Protected Area, including the Priority Parking Area; or (iii) adversely affect in any significant respect (x) the access to or visibility of the Premises from the Common Area, or (y) the access to or between the Center, the Parking Areas and/or the Premises from the public streets and sidewalks adjacent to the Center, or (z) the visibility of Tenant’s Signs from the Common Area or from the streets and rights of way adjacent to the Project; or (iv) directly or indirectly increase the costs of construction, maintenance or operation of the Premises; or (v) alter the general character of the Center as a First Class Center; or (vi) would violate the restrictions set forth in the REA, if any, or would, in the reasonable opinion of a first class movie operator operating in the Premises, have a material adverse effect on the operation of its business. Without limiting the foregoing, Landlord and Tenant acknowledge and agree that the following shall be “material” deviations and changes, which shall not be undertaken or effected without Tenant’s prior written consent, which consent may be withheld in Tenant’s sole discretion: (i) the installation or location of any building improvements within the “Protected Area” shown on the Site Plan that materially and adversely impacts the Developer’s development scheme(ii) any closure, plan, marketability, profitability and/or financeability reconfiguration or re-location of the Project“Critical Accessways” shown on the Site Plan attached hereto), then Developer (iii) the installation or location of any kiosks or similar features (whether temporary or permanent) within the “No-Kiosk Area” (if any) shown on the Site Plan attached hereto, and (iv) any reduction in the number of parking spaces within the entire Center below the number of Minimum Free Parking Spaces or within the Priority Parking Area below the number of Premises Minimum Free Parking Spaces specified in Section 1. 1. At the request of either Party, any disagreement between the Parties concerning the “materiality” of any changes shall have the right be resolved by arbitration pursuant to terminate this Agreement by giving written notice to the CRA whereupon all obligations and liabilities of the parties hereunder shall terminate and the Developer shall pay the Inspection CostsSection 18.5.

Site Plan. The Developer has previously provided a site plan and elevations to Within thirty (30) days after the CRA for the Project as referenced on Exhibit “D” attached hereto (the attached site plan and elevations are collectively, the “Site Plan”). The CRA hereby acknowledges and agrees that the Site Plan is acceptable to the CRA. The foregoing shall in no way constitute or be construed as the approval or issuance of a development order, it being expressly acknowledged and agreed by the Developer that the Site Plan will require separate submission, review, and approval pursuant to the requirements of the City’s Code. Except for a Permitted Change (as hereinafter defined), no changes, alterations or modifications shall be made to the Site Plan (either prior to or after approval by the City) without the prior written approval of the CRA, which approval shall not be unreasonably withheld, delayed or conditioned; provided, however such approval may be withheld in the CRA’s sole and absolute discretion if the requested change, alteration or modification consists of a Material Change. For purposes Effective Date of this Agreement, a “Material Change” means Buyer, at Buyer's sole cost and refers expense, shall deliver to a requested changeSeller an updated preliminary site layout plan (the "Updated Site Layout Plan") showing the proposed location ofthe new elementmy school, alteration or modification New Roads and utility easements on the Property, which Updated Site Layout Plan must be mutually approved by both Buyer and Seller. If Buyer and Seller cannot mutually agree as to that (ithe final form ofthe Updated Site Layout Plan within fifteen ( 15) in the aggregate with all other changes, alterations and modifications increases or decreases the square footage days ofthe last Party's receipt of the condominium building and/or proposed Updated Site Layout Plan, then either Party shall have the common areas right to terminate this Agreement at any time thereafter upon written notice to the other Pmiy and, in such event, Escrow Agent shall immediately release and return the entire Deposit to Buyer and this Agreement shall terminate and the Parties shall be released of all further obligations under this Agreement, except Buyer and Seller shall not be released of their respective Surviving Obligations, if any. If and when the Updated Site Layout Plan is mutually approved by ten percent (10%) Seller, then Seller shall have no further approval rights over the layout, location, design, construction, installation, alteration, renovation, repair, maintenance, improvement, reconstruction or more, (ii) changes the number of stories of a building, and/or (iii) deletes any Project amenities. Following approval removal of the Site Plan for proposed new elementmy school on the Project by Property; provided, however, until such time that the City staff pursuant initial construction of the New Roads and utilities on the Property is complete, any subsequent material changes to the City’s Code, except for Permitted Changes, location ofthe New Roads or utility easements on the Developer shall not initiate or request review Property must be pre­ approved in writing by City staff of any changes or alterations to the approved Site Plan for the Project without the prior written approval of the CRA, Seller (which approval shall not be unreasonably withheld, conditioned or delayed. In the event the approval process by the Governmental Authorities results in changes to the Site Plan that materially and adversely impacts the Developer’s development scheme, plan, marketability, profitability and/or financeability of the Project, then Developer shall have the right to terminate this Agreement by giving written notice to the CRA whereupon all obligations and liabilities of the parties hereunder shall terminate and the Developer shall pay the Inspection Costs.)

Site Plan. The Developer has previously provided a site plan and elevations to the CRA for the Project as referenced on Exhibit “DC” attached hereto (the attached site plan and elevations are collectively, the “Site Plan”). The CRA hereby acknowledges and agrees that the Site Plan is acceptable to the CRA. The foregoing shall in no way constitute or be construed as the approval or issuance of a development order, it being expressly acknowledged and agreed by the Developer that the Site Plan will require separate submission, review, and approval pursuant to the requirements of the City’s Code. Except for a Permitted Change (as hereinafter defined), no changes, alterations or modifications shall be made to the Site Plan (either prior to or after approval by the City) without the prior written approval of the CRA, which approval shall not be unreasonably withheld, delayed or conditioned; provided, however such approval may be withheld in the CRA’s sole and absolute discretion if the requested change, alteration or modification consists of a Material Change. For purposes of this Agreement, a “Material Change” means and refers to a requested change, alteration or modification to either of the Townhouse Component or the Mixed Use Component that (i) increases or decreases the number of Units, (ii) in the aggregate with all other changes, alterations and modifications increases or decreases the square footage of the condominium building and/or the common areas by ten percent (10%) or more, (iiiii) changes the number of stories of a building, and/or (iiiiv) deletes any Project amenitiesamenities such as plazas. Following approval of the Site Plan for the Project by the City staff pursuant to the City’s Code, except for Permitted Changes, the Developer shall not initiate or request review by City staff of any changes or alterations to the approved Site Plan for the Project without the prior written approval of the CRA, which approval shall not be unreasonably withheld, conditioned or delayed. In the event the approval process by the Governmental Authorities results in changes to the Site Plan that materially and adversely impacts the Developer’s development scheme, plan, marketability, profitability and/or financeability of the ProjectMixed Use Component, then Developer shall have the right to terminate this Agreement by giving written notice to the CRA whereupon all obligations and liabilities of the parties hereunder shall terminate and the bid bond of Twenty Thousand and 00/100 Dollars ($20,000.00) shall be returned by the CRA to the Developer and the Developer shall pay the Inspection Costs.

Site Plan. The Developer has previously provided a (a) Attached hereto as Exhibit F-1 is the currently approved site plan and elevations to the CRA for the Project as referenced on Exhibit “D” attached hereto (the attached site plan “Currently Approved Site Plan”) showing the location of the pads and elevations are footprints upon the Property upon which Building 8 and Building 9, respectively, will be constructed, subject to Landlord obtaining any and all approvals, permits, licenses and variances from Governmental Authorities (collectively, the “Site Plan Approvals”) that are required for the Buildings to be constructed at the location of the pads and footprints upon the Property as shown in the Currently Approved Site Plan (with respect to the Currently Approved Site Plan, the “Currently Approved Site Plan Approvals”). (b) Tenant desires to modify the Currently Approved Site Plan. Attached hereto as Exhibit F-2 is the preliminary modified site plan (the “Preliminary Modified Site Plan”) showing the location of the pads and footprints upon the Property upon which Xxxxxxxx 0, Xxxxxxxx 0 and the Exclusive Parking Garage could be constructed, subject to Landlord obtaining any and all Site Plan Approvals that are required for the Buildings and the Exclusive Parking Garage to be constructed at the location of the pads and footprints upon the Property as shown in the Preliminary Modified Site Plan (the “Preliminary Modified Site Plan Approvals”). The CRA hereby acknowledges No later than May 21, 2013, Landlord shall submit to the appropriate Governmental Authorities the Preliminary Modified Site Plan and agrees that all required documentation to obtain all Preliminary Modified Site Plan Approvals. Under Landlord’s leadership, Tenant shall have the right to participate in the approval process for obtaining the Site Plan is acceptable Approvals and finalizing the Preliminary Modified Site Plan and/or the Tenant-Approved Modified Site Plan (as defined below), provided such participation does not unreasonably interfere with or delay Landlord’s ability to obtain the same. Any delay arising from Tenant’s participation (to the CRAextent such circumstance actually delays completion of the TI Ready Work, Substantial Completion of the Landlord Work or Substantial Completion of the Final Landlord Work, as applicable, beyond the date when such completion or Substantial Completion, as applicable, would have otherwise occurred, as determined by the Neutral NY\5747656.2 Architect if Landlord and Tenant disagree and whose determination shall be final and binding upon the parties) shall constitute Tenant Delay. (c) If the applicable Governmental Authorities deny the Currently Approved Site Plan Approvals or Preliminary Modified Site Plan Approvals (as applicable) or require modifications (“Site Plan Modifications”) to the Preliminary Modified Site Plan, then the provisions set forth in this Section shall apply. Landlord shall prepare and submit to Tenant for approval a replacement or modified site plan (the “Landlord-Approved Modified Site Plan”) providing for an alternate location of the pads and footprints upon the Property upon which Xxxxxxxx 0, Xxxxxxxx 0 and the Exclusive Parking Garage would be constructed and incorporating any Site Plan Modifications. The foregoing Landlord-Approved Modified Site Plan shall contain sufficient information and detail to accurately describe the proposed locations and such other information as Tenant may reasonably request. Tenant shall notify Landlord in writing within ten (10) business days after receipt of the Landlord-Approved Modified Site Plan whether Tenant approves or objects to the Landlord-Approved Modified Site Plan and of the manner, if any, in which the Landlord-Approved Modified Site Plan is unacceptable. If Tenant reasonably objects to the Landlord-Approved Modified Site Plan, then Landlord shall revise the Landlord-Approved Modified Site Plan and cause Tenant’s objections to be remedied in the revised Landlord-Approved Modified Site Plan. Landlord shall then resubmit the revised Landlord-Approved Modified Site Plan to Tenant for approval, though the approval period afforded to Tenant with respect to any revisions shall be five (5) business days (provided, however, that if Tenant reasonably determines that the revisions are substantial and reasonably require more review time, then Tenant may, by notice to Landlord delivered no way constitute later than such five (5) business day period, take an additional five (5) business days to respond). Tenant’s approval of or objection to the revised Landlord-Approved Modified Site Plan and Landlord’s correction of the same shall be construed made in accordance with this Section until Tenant has approved the Landlord-Approved Modified Site Plan in writing. Tenant’s failure to respond within the required time frames set forth in this Section shall be deemed approval by Tenant. The iteration of the Landlord-Approved Modified Site Plan that is approved (or deemed approved) by Tenant without objection shall be referred to herein as the “Tenant-Approved Modified Site Plan.” Within five (5) business days after Tenant’s approval or issuance deemed approval of a development orderthe Tenant-Approved Modified Site Plan, it being expressly acknowledged Landlord shall submit to the appropriate Governmental Authorities the Tenant-Approved Modified Site Plan and agreed all required documentation to obtain all Site Plan Approvals that are required for the Buildings and the Exclusive Parking Garage to be constructed at the location of the pads and footprints upon the Property as shown in the Tenant-Approved Modified Site Plan (the “Tenant-Approved Modified Site Plan Approvals”). If the applicable Governmental Authorities do not issue the Tenant-Approved Modified Site Plan Approvals or require modifications to the Tenant-Approved Modified Site Plan, then Landlord and Tenant shall repeat the process set forth in this Section until the Tenant-Approved Modified Site Plan Approvals are issued to Landlord. The iteration of the Tenant-Approved Modified Site Plan that is approved by the Developer appropriate Governmental Authorities shall be referred to herein as the “Government-Approved Modified Site Plan.” (d) In the event that Landlord has not obtained all Site Plan Approvals for the Government-Approved Modified Site Plan (or a Government-Approved Modified Site Plan has not been obtained) on or before the date (the “Site Plan Decision Date”) that is six (6) months after the Execution Date, then, Tenant may elect, in its sole discretion, for Landlord either to (i) continue to pursue the Site Plan will require separate submissionApprovals, review, and approval pursuant to the requirements of the City’s Code. Except for a Permitted Change (as hereinafter defined), no changes, alterations or modifications shall be made to the Preliminary Modified Site Plan or the Tenant-Approved Modified Site Plan, as the case may be, or (either prior to or after approval by ii) (A) proceed with the CityLandlord Work using the Currently Approved Site Plan and (B) without the prior written approval of the CRA, which approval shall not be unreasonably withheld, delayed or conditioned; provided, however such approval may be withheld take any action necessary (in the CRALandlord’s sole and absolute discretion and without Tenant’s consent) to obtain all Currently Approved Site Plan Approvals. Notwithstanding the foregoing, if the requested changeTenant has elected to proceed under Subsection 4.1(d)(i), alteration or modification consists of a Material Change. For purposes of this Agreement, a “Material Change” means and refers to a requested change, alteration or modification to that (i) in the aggregate with all other changes, alterations and modifications increases or decreases the square footage of the condominium building and/or the common areas by ten percent (10%) or more, (ii) changes the number of stories of a building, and/or (iii) deletes then any Project amenities. Following approval of delay beyond the Site Plan Decision Date in obtaining the Government-Approved Modified Site Plan shall constitute a Tenant Delay and, if Landlord has not obtained all Site Plan Approvals for the Project by Government-Approved Modified Site Plan (or a Government-Approved Modified Site Plan has not been obtained) on or before the City staff date that is the earlier of the expiration date of the Currently Approved Site Plan and twelve (12) months after the Execution Date, then Landlord (in its sole and absolute discretion) may elect to proceed with the Landlord Work using the Currently Approved Site Plan under Subsection 4.1(d)(ii), so long as the Currently Approved Site Plan can accommodate Buildings with a floor plate and building width of one hundred ten (110) feet. If Landlord elects pursuant to this Section to proceed using the City’s CodeCurrently Approved Site Plan, then, unless Landlord and Tenant otherwise agree in writing, the provisions in this Lease relating to the Exclusive Parking Garage and the Bridges shall not apply and shall be deemed of no force or effect, except for Permitted Changesthose provisions in Section 6.1 that address the Exclusive Parking Garage (and the allocation of parking CAM Pool Charges shall be equitably adjusted); and all references to Xxxxxxxx 0 xxx Xxxxxxxx 0 xxxxx xx deemed to refer to Building A and Building B, as indicated on the NY\5747656.2 Currently Approved Site Plan. The Currently Approved Site Plan, the Developer Preliminary Modified Site Plan, the Tenant-Approved Modified Site Plan and the Government-Approved Modified Site Plan shall not initiate be referred to individually and collectively as “Approved Site Plans.” If any Tenant Delay occurs pursuant to this Section 4.1(d), then the Term Expiration Date shall be extended for the entire Premises by the same number of days as the Tenant Delay, but such Tenant Delay shall in no event trigger an adjustment to the Building 8 Rent Commencement Date pursuant to Section 2.8(a) or request review the Building 9 Rent Commencement Date pursuant to Section 2.8(b). (e) Promptly, but in no event more than five (5) business days, after receipt thereof by City staff Landlord, Landlord shall provide notice to Tenant of any changes or alterations written correspondence (and copies of any such written correspondence) received from the Town of Mt. Pleasant with respect to the approved approvals, disapprovals and requests for additional information with respect to the process set forth in Section 4.1(c) with respect to the Approved Site Plan for the Project without the prior written approval of the CRA, which approval shall not be unreasonably withheld, conditioned or delayed. In the event the approval process by the Governmental Authorities results in changes to Plans and/or the Site Plan that materially and adversely impacts the Developer’s development scheme, plan, marketability, profitability and/or financeability of the Project, then Developer shall have the right to terminate this Agreement by giving written notice to the CRA whereupon all obligations and liabilities of the parties hereunder shall terminate and the Developer shall pay the Inspection CostsApprovals.

Site Plan. The Developer has previously provided a site plan and elevations to the CRA for the Project as referenced on Exhibit “D” attached hereto (the attached site plan and elevations are collectively, the “Site Plan”). The CRA hereby acknowledges and agrees that the Site Plan Developer’s Pre- Development Plan, as shown on Exhibit B attached hereto and made a part hereof, is acceptable to the CRA. The foregoing shall in no way constitute or be construed as the approval or issuance of a development order, it being expressly acknowledged and agreed by the Developer that the “Site Plan Plan” will require separate submission, review, and approval pursuant to the requirements of the City's Code and requirements of any other Governmental Authorities. All landscaping shown on the proposed Site Plan shall be compliant with the City’s Codecode requirements. The entire proposed Site Plan, to be based upon the Pre-Development Site Plan attached as Exhibit C hereto, shall be approved by the City and all applicable Governmental Authorities in order for the Developer to proceed with development of the Project. Site plans of the respective Project Phases shall not satisfy this requirement of approval of the Site Plan for the entire Project. Except for a Permitted Change (as hereinafter defined), defined in Section 5.6 below) no changes, alterations or modifications shall be made to the Site Plan (either prior to or after approval by the CityDevelopment Approvals) without the prior written approval of the CRA, which approval shall not be unreasonably withheld, delayed or conditioned; provided, however such approval may be withheld in the CRA’s sole and absolute discretion if the requested change, alteration or modification consists of a Material Change. For purposes of this Agreement, a “"Material Change” " to the Site Plan means and refers to a requested change, alteration or modification to that (i) increases or decreases the total number of residential units by greater than five percent (5%), (ii) changes the composition of Units (number of bedrooms) by greater than ten percent (10%), decreases the amount of square footage in the Commercial Component by greater than five percent (5%), (iii) eliminates any improvement constituting the Civic and Community Component, or, in the aggregate with all other changes, alterations and modifications increases or decreases the square footage of the condominium open space, building and/or the size, landscaped area or any other common areas by ten five percent (105%) or more, (iiiv) changes decreases the number height of stories any building to below 20’ or increases the height of a buildingany building above 60’, and/or (iiiv) deletes any Project amenities, (vi) significantly modifies traffic circulation on the site as determined by the CRA Executive Director and/or (vii) significantly alters the Architectural Scheme from that previously approved by the CRA, as determined by the CRA Executive Director. The CRA Executive Director shall have the authority to approve all changes that are not classified as Material Changes. All Material Changes are subject to requirements of the City’s review process. Following approval of the Site Plan for the Project by the City staff pursuant to the City’s 's Code, except for Permitted Changes, the Developer shall not initiate or request review by the City staff of any changes or alterations to the approved Site Plan for the Project without the prior written approval of the CRA, which approval shall be granted in CRA’s sole discretion. The CRA shall expeditiously process all requestes for Material Changes. For the purposes of this Agreement, the relocation of the Hotel by the Developer from Project Phase 3 to either Project Phase 1 or Project Phase 2, shall be deemed to be a change subject to the CRA’s Executive Director’s approval hereunder, but shall not be unreasonably withhelddeemed to be a Material Change, conditioned or delayed. In the event the approval process by the Governmental Authorities results in changes to the Site Plan provided that materially and adversely impacts the Developer’s development scheme, plan, marketability, profitability and/or financeability a minimum of the Project, then Developer shall have the right to terminate this Agreement by giving written notice to the CRA whereupon all obligations and liabilities 35% of the parties hereunder shall terminate and the Developer shall pay the Inspection Costsany Margate Boulevard frontage is programmed for commercial use.

Site Plan. The Developer has previously provided a site plan depicting the current configuration of the Project and elevations to the CRA contemplated configuration and improvements for the Project as referenced on Phase IV Real Property is set forth in Exhibit “D” A-1 attached hereto (the attached site plan and elevations are collectively, the “Site Plan”), which Site Plan and the buildings, parking facilities, common areas and other improvements thereon may be revised from time to time by Landlord, and/or any other owners of LNR Warner Center so long as such revisions by Landlord will not result in an Adverse Condition or breach of Landlord’s construction obligations in the Tenant Work Letter. The CRA hereby acknowledges Notwithstanding the foregoing or anything contained in this Lease to the contrary: (i) the purpose of the Site Plan is to show the approximate locations of the Building, Building D, the Phase IV Parking Facilities, outside plaza areas, walkways, driveways, common areas and agrees other contemplated improvements for the Phase IV Real Property, as well as the approximate locations of the Existing Office/Retail Buildings, parking areas and structures, outside plaza areas, walkways, driveways, common areas and certain other improvements and facilities currently existing and located at the Project; (ii) such Site Plan shall not constitute any covenant, representation or warranty by Landlord as to the construction of any such improvements, or the accuracy of any of the locations, improvements or elements thereon or thereof (although Landlord represents to Tenant that the Site Plan attached hereto as Exhibit A-1 is acceptable to the CRA. The foregoing shall in no way constitute current site plan prepared by or be construed as for Landlord for the approval or issuance of a development order, it being expressly acknowledged and agreed by the Developer that the Site Plan will require separate submission, review, and approval pursuant to the requirements of the City’s Code. Except for a Permitted Change (as hereinafter definedPhase IV Property), no changes, alterations or modifications shall be made to the Site Plan (either prior to or after approval by the City) without the prior written approval of the CRA, which approval shall not be unreasonably withheld, delayed or conditioned; provided, however such approval may be withheld in the CRA’s sole and absolute discretion if the requested change, alteration or modification consists of a Material Change. For purposes of this Agreement, a “Material Change” means and refers to a requested change, alteration or modification to that (i) in the aggregate with all other changes, alterations and modifications increases or decreases the square footage of the condominium building and/or the common areas by ten percent (10%) or more, (ii) changes the number of stories of a building, and/or and (iii) deletes Landlord shall have no obligation to develop, expand or otherwise make any improvements within the Phase IV Real Property or the Project amenities. Following approval (including, without limitation, any of the landscaping, outside plaza areas, walkways, driveways, courtyards, streets, parking areas, and other structures, improvements and facilities which may be depicted on the Site Plan for Plan), other than (A) Landlord’s obligations expressly set forth in the Project by Tenant Work Letter to construct the City staff pursuant to the City’s CodeBuilding, except for Permitted ChangesBuilding D, the Developer shall not initiate or request review by City staff of any changes or alterations Phase IV Parking Facilities and such other common area improvements and facilities described therein (including the Special Tenant Areas (as defined below) in accordance with the terms thereof, and (B) after such construction, Landlord’s repair and maintenance obligations set forth in this Lease, including Landlord’s obligation to maintain the approved Site Plan for the Project without the prior written approval Building and those portions of the CRA, which approval shall not be unreasonably withheld, conditioned or delayed. In Phase IV Real Property owned by Landlord and servicing the event the approval process by the Governmental Authorities results in changes to the Site Plan that materially Building as a first-class office building and adversely impacts the Developer’s development scheme, plan, marketability, profitability and/or financeability of the Project, then Developer shall have the right to terminate this Agreement by giving written notice to the CRA whereupon all obligations and liabilities of the parties hereunder shall terminate and the Developer shall pay the Inspection Costsproject.

Site Plan. The Developer has previously provided a site plan and elevations to depicting the CRA for current and/or contemplated configuration of the Project as referenced on is set forth in Exhibit “D” A-3 attached hereto (the attached site plan and elevations are collectively, the “Site Plan”), which Site Plan and the buildings, parking facilities, common areas and other improvements thereon may be revised from time to time by Landlord, and/or any other owners of LNR Warner Center. The CRA hereby acknowledges and agrees that Notwithstanding the foregoing or anything contained in this Lease to the contrary: (i) the purpose of the Site Plan is acceptable to show the CRA. The foregoing shall in no way constitute or be construed approximate locations of the Building, Building E, the Phase I/IV Parking Structure, the Phase IV Surface Parking Areas, outside plaza areas, walkways, driveways, common areas and other existing and/or contemplated improvements for the Phase IV Real Property, as well as the approval or issuance of a development order, it being expressly acknowledged and agreed by the Developer that the Site Plan will require separate submission, review, and approval pursuant to the requirements approximate locations of the City’s Code. Except for a Permitted Change (as hereinafter defined)Existing Office/Retail Buildings, no changesparking areas and structures, alterations or modifications shall be made to the Site Plan (either prior to or after approval by the City) without the prior written approval of the CRAoutside plaza areas, which approval shall not be unreasonably withheldwalkways, delayed or conditioned; provideddriveways, however such approval may be withheld in the CRA’s sole and absolute discretion if the requested change, alteration or modification consists of a Material Change. For purposes of this Agreement, a “Material Change” means and refers to a requested change, alteration or modification to that (i) in the aggregate with all other changes, alterations and modifications increases or decreases the square footage of the condominium building and/or the common areas by ten percent (10%) or more, and certain other improvements and facilities currently existing and located at the Project; (ii) changes such Site Plan shall not constitute any covenant, representation or warranty by Landlord as to the number construction of stories any such improvements, or the accuracy of a buildingany of the locations, and/or improvements or elements thereon or thereof; (iii) deletes Landlord shall have no obligation to develop, expand or otherwise make any improvements within the Phase IV Real Property or the Project amenities. Following approval (including, without limitation, any of the landscaping, outside xxxxx xxxxx, xxxxxxxx, xxxxxxxxx, xxxxxxxxxx, streets, parking areas, and other structures, improvements and facilities which may be depicted on the Site Plan for Plan), other than (A) Landlord’s obligations set forth in the Project by Tenant Work Letter attached hereto as Exhibit B (the City staff pursuant “Tenant Work Letter”) to perform Landlord’s Work (as defined therein), and (B) Landlord’s repair, maintenance and other obligations expressly set forth in this Lease with respect to the City’s Code, except for Permitted Changes, the Developer shall not initiate or request review by City staff Building; and (iv) Landlord and/or any other owners of any changes or alterations to the approved Site Plan for the Project without the prior written approval of the CRA, which approval shall not be unreasonably withheld, conditioned or delayed. In the event the approval process by the Governmental Authorities results in changes to the Site Plan that materially and adversely impacts the Developer’s development scheme, plan, marketability, profitability and/or financeability of the Project, then Developer LNR Warner Center shall have the right from time to terminate this Agreement by giving written notice time to include or exclude any improvements or facilities within the CRA whereupon all obligations and liabilities of the parties hereunder shall terminate and the Developer shall pay the Inspection CostsProject from time to time, at such party’s sole election; provided any such actions will not result in an Adverse Condition.

Site Plan. The Developer has previously provided a site plan and elevations to the CRA for the Project as referenced on Exhibit “D” attached hereto (the attached site plan and elevations are collectively, the “Site Plan”). The CRA CITY hereby acknowledges and agrees that the Developer’s Site Plan Plan, as shown on Exhibit C, is acceptable to the CRAconceptual designs which have been reviewed and no formal approval has been issued by the CITY in its police power/quasi-judicial capacity. The foregoing shall in no way constitute or be construed as the approval or issuance of a CITY development order, it being expressly acknowledged and agreed by the Developer that the “Site Plan Plan” will require separate submission, review, and approval pursuant to the requirements of the City’s Code. Except for a Permitted Change CITY's Code and requirements of any other Governmental Authorities. (as hereinafter defined), no changes, alterations or modifications shall be made to the Site Plan (either prior to or after approval by the Citya) without the prior written approval of the CRA, which approval shall not be unreasonably withheld, delayed or conditioned; provided, however such approval may be withheld in the CRA’s sole and absolute discretion if the requested change, alteration or modification consists of a Material Change. For purposes of this Agreement, a “"Material Change” " to the Site Plan, at Exhibit C, means and refers to a requested change, alteration or modification to that (i) in the aggregate with all other changes, alterations and modifications increases or decreases the total number of residential units by greater than fifteen percent (15%), (ii) decreases the amount of square footage in the Museum by greater than fifteen percent (15%), (iii) revisions that significantly alters the architectural scheme from that previously approved by the CRA, as determined by the CRA EXECUTIVE DIRECTOR. For the avoidance of doubt, a Material Change hereunder shall refer to a change, alteration of modification of the Site Plan prior to such Site Plan approval by the CITY in its police power/quasi-judicial capacity. Furthermore, Material Change shall not refer to any increase or decrease of the square footage of the condominium building and/or K Street Parking Component. (b) All Material Changes to the common areas by ten percent Site Plan attached as Exhibit “C” are subject to requirements of the CITY and CRA’s review process. (10%c) or more, (ii) changes Following issuance of the number of stories of a building, and/or (iii) deletes any Project amenities. Following approval of Entitlements for the Site Plan for the Project by the City staff pursuant CITY, the CITY shall endeavor to expeditiously process all requests by the CityDeveloper for Material Changes and Permitted Changes (hereinafter defined) consistent with the CITY’s Code. (d) For the purposes of this Agreement, except for “Permitted Changes” mean revisions or changes that arise as a result of (i) any term or provision in the Florida Building Code, the Developer shall not initiate fire code, or request review by City staff of any changes other Applicable Law, (ii) any unforeseen site conditions which reasonably require a revision or alterations to the approved Site Plan for the Project without the prior written approval of the CRAchange, which approval shall not be unreasonably withheld, conditioned or delayed. In the event the approval process by the Governmental Authorities results in changes to the Site Plan that materially and adversely impacts the Developer’s development scheme, plan, marketability, profitability and/or financeability of the Project, then Developer shall have the right to terminate this Agreement by giving written notice to the CRA whereupon all obligations and liabilities of the parties hereunder shall terminate and the Developer shall pay the Inspection Costs(iii) any life safety issues.

Site Plan. The Developer has previously provided a site plan and elevations to the CRA for the Project as referenced on Exhibit “DC” attached hereto (the attached site plan and elevations are collectively, the “Site Plan”). The CRA hereby acknowledges and agrees that the Site Plan is acceptable to the CRA. The foregoing shall in no way constitute or be construed as the approval or issuance of a development order, it being expressly acknowledged and agreed by the Developer that the Site Plan will require separate submission, review, and approval pursuant to the requirements of the City’s Code. Except for a Permitted Change (as hereinafter defined), no changes, alterations or modifications shall be made to the Site Plan (either prior to or after approval by the City) without the prior written approval of the CRA, which approval shall not be unreasonably withheld, delayed or conditioned; provided, however such approval may be withheld in the CRA’s sole and absolute discretion if the requested change, alteration or modification consists of a Material Change. For purposes of this Agreement, a “Material Change” means and refers to a requested change, alteration or modification to that (i) in the aggregate with all other changes, alterations and modifications increases or decreases the square footage of the condominium medical building and/or the common areas by ten percent (10%) or more, (ii) changes the number of stories of a building, and/or (iii) deletes any Project amenities. Following approval of the Site Plan for the Project by the City staff pursuant to the City’s Code, except for Permitted Changes, the Developer shall not initiate or request review by City staff of any changes or alterations to the approved Site Plan for the Project without the prior written approval of the CRA, which approval shall not be unreasonably withheld, conditioned or delayed. In the event the approval process by the Governmental Authorities results in changes to the Site Plan that materially and adversely impacts the Developer’s development scheme, plan, marketability, profitability and/or financeability of the Project, then Developer shall have the right to terminate this Agreement by giving written notice to the CRA whereupon all obligations and liabilities of the parties hereunder shall terminate and the Developer shall pay the Inspection Costs.

Site Plan. The Developer has previously provided a site plan and elevations to the CRA for the Project as referenced on Exhibit “D” attached hereto (the attached site plan and elevations are collectively, the “Site Plan”). The CRA hereby acknowledges and agrees that the Site Plan is acceptable to the CRA. The foregoing shall in no way constitute or be construed as the approval or issuance of a development order, it being expressly acknowledged and agreed by the Developer that the Site Plan will require separate submission, review, and approval pursuant to the requirements of the City’s Code. Except for a Permitted Change (as hereinafter defined), no changes, alterations or modifications shall be made to the Site Plan (either prior to or after approval by the City) without the prior written approval of the CRA, which approval shall not be unreasonably withheld, delayed or conditioned; provided, however such approval may be withheld in the CRA’s sole and absolute discretion if the requested change, alteration or modification consists of a Material Change. For purposes of this Agreement, a “Material Change” means and refers to a requested change, alteration or modification to that (i) in the aggregate with all other changes, alterations and modifications increases or decreases the square footage of the condominium apartment building and/or the common areas by ten percent (10%) or more, (ii) changes the number of stories of a building, and/or (iii) deletes any Project amenities. Following approval of the Site Plan for the Project by the City staff pursuant to the City’s Code, except for Permitted Changes, the Developer shall not initiate or request review by City staff of any changes or alterations to the approved Site Plan for the Project without the prior written approval of the CRA, which approval shall not be unreasonably withheld, conditioned or delayed. In the event the approval process by the Governmental Authorities results in changes to the Site Plan that materially and adversely impacts the Developer’s development scheme, plan, marketability, profitability and/or financeability of the Project, then Developer shall have the right to terminate this Agreement by giving written notice to the CRA whereupon all obligations and liabilities of the parties hereunder shall terminate and the Developer shall pay the Inspection Costs.