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4 <br /> (g) The Developer will obtain, in a timely manner, all required permits, licenses <br />and approvals, and meet, in a timely manner, all requirements of all applicable local, state <br />and federal laws and regulations which must be obtained or met before the Improvements <br />may be lawfully constructed. <br /> <br /> (h) Neither the execution and delivery of this Agreement, the consummation of <br />the transactions contemplated hereby, nor the fulfillment of or compliance with the terms <br />and conditions of this Agreement is prevented or limited by, or in conflict with or will <br />result in a breach of the terms, conditions or provisions of any evidence of indebtedness, <br />agreement or instrument of whatever nature to which the Developer is now a party or by <br />which it is bound, or will constitute a default under any of the foregoing. <br /> <br /> (i) The Developer shall prepare final plans for City review and approval. <br /> <br /> (j) The Developer shall provide to the City, upon execution of this Agreement <br />and prior to the commencement of construction of the Improvements, proof of financing <br />in an amount and from a source found sufficient by the City to assure the Developer's <br />ability to construct the Improvements contemplated by this Agreement. <br /> <br />ARTICLE III <br /> <br />Construction Of Improvements <br /> <br /> Section 3.1. Construction of Improvements. The Developer will construct the <br />Improvements on the Property in accordance with the approved Construction Plans and at all times <br />during the term of this Agreement will operate and maintain, preserve and keep the Improvements <br />or cause the Improvements to be operated, maintained, preserved and kept in good repair and <br />condition. <br /> <br /> Section 3.2. Construction Plans. <br /> <br /> (a) The Developer shall cause to be constructed, at his cost, the Required <br />Improvements according to City ordinances. All of the Required Improvements shall be <br />approved by the City prior to construction and shall be consistent with approved minor <br />subdivision, the Grading Drainage and Erosion Control Plan, Landscaping Plan, the <br />Development Utility Plan, Building Plans, City Resolution Number _________________, <br />approving a zoning compliance permit for the property and City Resolution Number <br />___________________, approving a minor subdivision for the property as well as any <br />requirement imposed by the City Engineer. <br /> <br />(b) The Developer shall have no claim against the City and its officers and <br />employees for damages sustained or costs incurred resulting from subdivision approval and <br />development. The Developer agrees to indemnify, defend and hold harmless the City, its <br />agents and employees from any claim, demand, suit, action or other proceeding whatsoever <br />by any person for any loss or damage to property or any injury to or death of any person <br />resulting from any actions of the Developer, or their agents or contractors. Until all of