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<br />5. Consequence of Non-Development. The Developer Intends to <br />commence construction this summer. If the development IS not <br />completed by the required date, the City may rescind the Development <br />Agreement and not pay the Reimbursement Note. <br /> <br />6. Park Dedication Fees. Park dedication fees are not addressed In the <br />Development Agreement. Ordinary city requirements thus apply, <br /> <br />7. Indemnities. The Developer will provide the City an indemnity for matters <br />arising from its development and a hazardous substance indemnity. <br /> <br />8. Plan Approval: Completion. The Development Agreement does not call <br />for special tax increment approval of construction plans or for giving a <br />certificate of completion when buildings are complete. <br /> <br />9. Reports. The Developer will report on progress in meeting job and wage <br />goals. <br /> <br />10. Defaults and Remedies. Remedies on default include any action to <br />enforce performance and observance by the Developer, suspending City <br />performance, and cancelling the Development Agreement and <br />Reimbursement Note. <br /> <br />11. Joint Driveway/Access. The developer will work diligently with Pacific <br />Mutual Door to provide a joint access and/or driveway at the time <br />expansion occurs in the future on the Pacific Mutual Door site. <br /> <br />357534.2 2 <br />