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5298389.1
<br />on, and approve the proposal and/or schedule. Zone 7 shall provide City
<br />with sufficient information reasonably necessary for City to evaluate the
<br />proposed design, proposal, schedule, and construction activities and their
<br />potential impacts on City Sites, park operations, park users, adjacent
<br />residents, and the surrounding community.
<br />Zone 7 and the City shall work collaboratively and efficiently to incorporate
<br />Zone 7 and City’s comments. For design and construction, Zone 7 shall
<br />address and incorporate City comments related to impacts of the Facilities
<br />to the Sites, including location, aesthetics, noise, access, construction
<br />staging, park operations, impacts to park users, landscaping, traffic, and
<br />other material impacts to City Sites and surrounding residents and the
<br />community, to the extent feasible. Zone 7 shall design, construct, and
<br />operate the Facilities in compliance with all applicable federal, state, and
<br />local laws, regulations, codes, ordinances, zoning requirements, and
<br />applicable City planning requirements, and shall obtain all permits,
<br />approvals, and authorizations required by applicable law, including any
<br />zoning, use, planning, building, or other permits or approvals required for
<br />the Project.
<br />Zone 7 shall be responsible for identifying, designing, coordinating, and
<br />completing all park improvements, site improvements, restoration,
<br />replacement, relocation, and mitigation measures reasonably required in
<br />connection with the construction, installation, and operation of the Facilities
<br />at the City Sites, including any improvements or measures required as a
<br />condition of any applicable zoning, use, planning, or other approval. All
<br />such park improvements and mitigation measures shall be designed and
<br />constructed to the reasonable satisfaction of City and shall be included as
<br />Project costs and subject to the applicable Project cost-sharing provisions,
<br />unless otherwise expressly agreed in writing by the Parties. Zone 7 shall
<br />coordinate with City regarding the scope, design, timing, and
<br />implementation of such improvements and mitigation measures.
<br />With respect to matters that materially affect City Sites, park operations,
<br />public access, park users, adjacent residents, aesthetics, noise, construction
<br />staging, landscaping, traffic, or other material community or City
<br />operational impacts, Zone 7 shall seek City’s review and approval of the
<br />elements before implementing the applicable design or construction
<br />element. Where City approval is expressly required under this Agreement
<br />or applicable law, Zone 7 shall obtain such approval before proceeding. City
<br />approval shall not be unreasonably withheld, conditioned, or delayed.
<br />If, following City review or approval of a design or construction plan, Zone
<br />7 proposes a material change that could reasonably be expected to
<br />materially affect any of the foregoing matters, Zone 7 shall provide City
<br />with an opportunity to review and comment on such material change prior
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