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(b) The Commission agrees to enter into the Construction Management Agreement with the Developer as more particularly described in Section 6.1 of this Agreement. (c) Notwithstanding anything contained herein to the contrary, in the event the costs to construct the Local Public Improvements are in excess of the Funding Amount, Developer, at its sole option, may determine to pay to the Commission the amount of the excess costs to permit timely completion of the Local Public Improvements by the Commission, or an agent of the Commission, which amounts shall be applied for such purpose. If Developer chooses not to pay any such excess costs of the Local Public Improvements (above the Funding Amount), the Commission may reduce the scope of the Local Public Improvements to the amount which may be funded with the Funding Amount. 5.3 Cooperation. Consistent with City policy, the Commission hereby agrees to endorse and support Developer's efforts to expedite the Project through the required planning, design, permitting, waiver and related regulatory processes; provided, however, the Commission shall not be required to expend any money in connection therewith. The Commission further agrees to permit Developer, or its agents, access to the Hoffman Hotel Property through the use of the public roads surrounding the Hoffman Hotel Property necessary to accomplish the actions contemplated by this Agreement. 5.4 Tax Abatement. Upon request of Developer and at the earliest opportunity legally permissible and upon timely receipt of the appropriate documentation, Commission agrees to recommend approval of Developer's petition for real property tax abatement. 5.5 Costs and Expenses. The Commission hereby agrees to bear its own costs and expenses related to this Agreement (including legal fees) not directly related to the design and construction of the Local Public Improvements (such costs to be paid from the Funding Amount). 5.6 Zoning, Variance, Special Permits, Etc. The Commission hereby agrees to continue to assist Developer in its efforts to seek zoning, variance, design, sign, health, safety, construction and other necessary permits, consents and/or approvals to complete the Project (to the extent they have not yet been obtained and completed). 5.7 Information. The Commission hereby agrees to provide any and all due diligence items with respect to the Project reasonably requested by the Developer. 5.8 Public Announcements, Press Releases and Marketing Materials. The Commission hereby agrees to coordinate all public announcements and press releases relating to the Project with Developer. SECTION 6. ADDITIONAL DOCUMENTS AND AGREEMENTS. 6.1 Construction Management Agreement. The Commission shall enter into a construction management agreement in the form attached hereto and incorporated herein as {20142670.DOCX}