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(c) Construction Planning Activities: (i) The City will analyze and respond to the information provided to the City by the Developer pursuant to Section 3.3(c). (ii) The City will either approve or provide comments regarding Construction Plans proposed by Developer in accordance with Section 4.2. Section 3.5. Conditions Precedent to City's Initiation of Eminent Domain Action. The City's obligation to initiate a proceeding to acquire a Parcel of the Acquisition Property through the use of its powers of eminent domain shall be subject to satisfaction, or waiver in writing by the City, of all of the following conditions precedent: (a) The Developer not being in default under the terms of this Agreement; (b) The City having determined, in its sole discretion and based on documentation acceptable to the City, that the Developer has used its best efforts to acquire the Parcel for a reasonable price and has been unable to do so; (c) The Developer having completed to the satisfaction of the City all of the activities detailed in section 3.3 with respect to the Phase or Sub-Phase to be constructed on the Parcel; (d) The Developer having provided a firm. commitment for financing, acceptable to the City, sufficient to pay all costs of acquiring the Parcel and constructing Public Improvements or the relevant Phase or Sub-Phase of the Minimum Improvements and all related costs; (e) The City and its consultants having undertaken a final feasibility analysis of the Developer's proposed Phase or Sub-Phase and det~ed, to the City's satisfaction, that the development is financially feasible, which analysis will be for the benefit of the City only and neither the Developer nor any third party shall be entitled to rely thereon; (f) The Developer and City having reached agreement on the terms under which the City will undertake the eminent domain action, including, without limitation, the deposits and other security to be provided to the City to cover the City's costs of acquisition and related. relocation costs and such deposits and security having been provided; (g) The City having held the public hearing described in Section 3.4 and following such public hearing having determined to initiate an action to acquire the Parcel using its powers of eminent domain; (h) The City having adopted a resolution authorizing and directing the commencement of proceedings to acquire the Parcel; and (i) The Developer having provided to the City evidence, in a form approved by the City, demonstrating that the Developer has acquired marketable title to all other Parcels of the Acquisition Property necessary to construct the Phase or Sub-Phase or Public Improvements to be constructed on the Parcel. 15