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ARTICLE N Construction of Minimum Im rovements• Public Im rovements Section 4.1. Construction o�Tm rovements_ The Developer agrees that it will eonstruct ar cause ta be constructed the Minimum Improvements on the Development Property in accordance with the approved Construction Plans and at ali times prior ta the Maturity Date, wilI operate and maintain, preserve and keep the Minimurn Tmprovements or cause such improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. T7ae City shall have no obligation #o operate or rrtaintain the Minimum Impro�ements. Section 4.2. Construction Plans_ {a) Before commencement of constructian oi the Minimum Irnproverrzents, the Developer shail subrr�it to the City Construction Plans. The Construction Plans shali pro�ide for the construction of the Minimurt-� improvements and shall be i� conformity with the Develapment Plan, ihis Agreement, the Land Development Agreement, and alI app]icable State and local laws and regulations. The City Representati�e will approve the Construction Plans rn writing if: (i) the Construction Plans ca�form to the terms and conditions of this Agreement and the Land Development A�reement; (ii) the Construction Pl.ans conform to the goals and oblectives of the DeveIopment Plan; {iii) t�e Construction Plans conform to all applicable �edera�, sta#e and IacaI laws, ordinances, rules and reg�lations; (iv) the Construction Plans are adequate ta provide for construction of #he Minimum Improver�ents; (v} the Cons�ructian Plans do not provi�e for expenditures in excess of the funds available to the Developer from all sources {including Developer's equity) far cor�struction of the Minimum ]mprovements; and (�i) no Event of Default has occurred. Approval rnay be based upon a re�iew by the City's Building Official oithe Construction Plans. No approval by the City REpresenta#ive shall relie�e the Developer of the ohligation to comply with the terms of this Agreement or of ihe Development Plan, applicable federal, state and locaI laws, ordinances, r�les ancf regulations, ar ta construct the Mi�in-ium ]�nprovements i� accordance iherewitkt. No approval by the City Representaiive shal� constit�te a waiver of an Event of Default. If approval of t�ie Construc#ion Plar�s is requested by the De�e3oper in writing at tl�e tirr�e of subrr►ission, sueh Constructian Plans shaIl be deemed ap�roved unless rejected in writing by the City Representative, in whole ar in part. Such rejections shall set farth in detail the reasons therefore. and shall be made within ten business (IO) days after the date of their receipt by the City. If the City Representative rejects a�ty Co2�struction Plans in whole or in part, the De�eloper shall subrnit �ew or correcter� Construction Pla�s wiihin � 0 business days after written notification to #he Developer of the rejection. The provisions of this Section relating to a�prova�, rejection and resubmissian of corrected Construction Plans shal� continue to apply until the Constr�.�ction Plans have been approvet� by the City. 7'he City Representative`s appravaI sha]I not be tanreasonabty withheld; detayed or conditioned. Said approvai shall constitute a concIusive determinatton that tl�e Constructian Fians {and the Minim�m lmprovernents construeted an accordance witi� said plans) cornply to the City's satisfaction with the provisions of this Agreement re�ating thereto. (b} If the De�eloper desires to make any material change in the Construction Plans after their approval by the City, the Developer shall submit ti�e proposed c�ange to the Ci�y for its approval. if the Constr�ction Plans, as modified by the proposed change, confarm to ihe req�irerrtents of this Sectio� 4.2 of this Agreeme�t with respect to such previously approved Construction Plans, the City shal] approve the proposed change and notify the Devetoper in writing of its approvat. Such change in the Consiruction Pians shall, in any event, be deemed approved by the City unless rejected, in whole ar in part, by written notice by the City to ihe Deve�oper, settir�g forth in detail the reasons therefor. Such rejection shaIl be made within ten business (10) days after receipt af the �latice of such chan�e. The C�ty's approvaI of any such change in the Construction Plans will ��ot be unreasonably withheld. I3