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3:3. Regulatory obligations. As to any regulatory approvals which are required for successful development of the Retail Project, including such approvals as zoning, subdivision, signage, site plan, storm water management plan, and building permits the Ci!y will give full and prompt consideration to any properly filed request for approval and will grant such approval if it meets with all applicable legal requirements and is in the public interest. ' 3.4. State and federal benefits. If there are any benefits or programs available from state or federal sources which would assist either PRHA or Developer in the development and successful operation of the Retail Project, including by way of example and without limitation Enterprise Zone and Empowerment Zone benefits and programs, the City will, upon request from PRHA, use its best efforts to obtain the award of such benefits or programs. 3.5. No debt of City. None of the obligations imposed by this instrument on the City related to funding (the "City Financial Duties") which derive or arise from the Development Agreement will become obligations or legal duties, whether direct or indirect or by estoppel, until such time as the City may approve an appropriation or appropriations sufficient to provide the necessary funding and until such time as the City properly authorizes any debt obligation that may be needed to provide said funding, with said authorization, if made, to be in accordance with the requirements of the Public Finance Act, as set forth in the Code of Virginia. This instrument shall not be a debt of the City. 3.6 Further approval required. The City Financial Duties and all other City duties imposed by this instrument (collectively, the "City Duties") are further expressly conditioned on the following matters: 3.6.1. Financia plan. A financial plan for the Project shall be presented to the City not later than December 31, 2000. The City shall review the plan and, in its sole discretion, determine whether it represents a prudent use of public funds. The City Duties are conditioned on City approval of the financial plan and subsequent adherence to the financial plan as approved. 3.6.2. Best and highest use. A description of the uses of the Retail Project shall be provided to the City from time to time. A substantial propose of the Retail Project is to bring about the highest level of quality retail development that is feasible for the Project site, giving consideration to all relevant site, market, trade, and economic possibilities and limitations. The City Duties are conditioned on both City approval of the leasing strategy for tbe Retail Project and City approval of its specific proposed retail tenants or occupants. This approval shall not be unreasonably withheld, with reasonableness to be determined according the criteria set forth in this subsection. 3.6.3. Means of granting City approvals. The City approvals described in this section (relating to a financial plan and best and highest use) may be granted only by the City Manager or his designee. They shall be in writing. Upon granting these approvals, if