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q. The Village BZA has approved a 30' parking and building setback <br />variance from North Commons Boulevard Right-of--Way. <br />r. The Village BZA has approved a 43' building setback variance from the <br />east property line. <br />s. The Village has approved a 40' parking setback variance from the east <br />property line. <br />t. The zoning on the easterly approximately one (1) acre of Permanent <br />Parcel Number 831-OS-015 shall be confirmed to be zoned Office Laboratory by <br />the Probate Court. This shall be known as the Rezoning Contingency. <br />u. The Village shall require East Commons to show proof of financing for <br />the respective buildings, parking areas and landscaping ("Building <br />Improvements") and may require the posting of a performance bond for the <br />Development in an amount determined to cover potential nuisance abatement that <br />may become necessary due to unworkmanlike construction or development or <br />maintenance of the Development, unfinished construction or landscaping. <br />5. Miscellaneous. <br />a. Contingency. Notwithstanding anything contained herein to the contrary, East <br />Commons, shall have no obligation to perform any of the obligations set forth herein unless <br />and until it shall have obtained final non-appealable site plan approval, (and if required) <br />subdivision approval, issuance of certain building permits by the Village for the <br />Improvements and the Development and the rezoning of the Rezoned Property (the <br />"Rezoning Contingency" and "Permit Contingency" respectively). If for any reason <br />whatsoever, either the Rezoning Contingency or Permit Contingency is not satisfied within <br />five (5) years after the date hereof, unless extended by the provisions of this Agreement, <br />either party shall have the right to terminate this Development Agreement by providing <br />written notice to the other and thereafter, this Development Agreement shall terminate as of <br />the date of such notice. In addition, notwithstanding anything contained herein to the <br />contrary, East Commons may only use that part of Permanent Parcel Number 831-OS-015 for <br />commercial purposes if the Probate Court confirms it is zoned office laboratory, and after all <br />requisite deed restrictions and requirements set forth herein have been complied with and <br />appropriately recorded as necessary. <br />b. Village Council. This Development Agreement and all terms and provisions <br />hereof are subject to and conditioned upon the approval or ratification by duly enacted <br />ordinance or resolution of Mayfield Village Council. <br />6 <br />