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_... _ _ . ARTiCLE IV Consfruction of Minimum Improve�nents; Pe�blie lmprovements Section 4.] . Constructian of Ira�provements. The DeveEoper agrees that it wil] construct or cause to be cans�ructed the Mini�num lmpravements on the Development Property in accordance with the approved Construction Plans and xt all times prior to the Maturity Date, will aperate and maintain, preserr�e and keep t�te Minimum Improvements or cause such irr�provements to be maintained, preserved and kept with the appurtenances and every part and parcel ihereof, in good repair and candition. The City shall have no obligation to operate or maintaiz� the Minimum lrnprovements. Section 42. Construction AIans. {a} Before com�encement of construction of the Minimum Improverr�ents, the Developer sha]I submit to the City Construction Plans. T�e Construction Plans sha]I provide for the eonstruction of the Mini�num Impro�ernents and shali be in canfornaity witla �he DeveIoprnent Plan, this Agreeme�t, the Land Develop�r�ent Agree�nent, and all appticabie State azad local laws and regulations. TI�e City Representative will approve the Construction Alans in writing if {i) the Constr€�ction Alans conform to the terrns and canditions of il�is Agreernent and the Land Development Agreetnent; {ii) the Construction Plans conform to the goals and objectives of the Development Flan; (iii} the Constr�actior� Plans conform to al] applicable federai, state and ]acaE laws, ordinar�ces, rules ane3 regutations; (iv) tlie Canstruction Plans are adequate to provide for eanstruction of the Minimu�n Improvements; (v} the Canstruction Plans da not provide for expentlitures in excess of the funds available to the Developer from all saurces {including Developer`s eq�ity} for construetion of the Minim�rr� Impravernents; ancf {vi} no E�ent oi Deiault has Qccurred. Ap�rova] may be based �pon a revfew by the City's Building Officiai of the Construction Plans. No approval by the City Repr�sentative shall relieve Yhe Develaper of the obligation to comply with the terms of this Agreerr►ent or af #he Development Plan, appIicable federal, state and local Iaws, ordinances, rules and re�u[ations, ar to construct the Minime�m Improveznents in accordance therewith. No approva] by the City Representat�ve shall constitute a waiver of an Event of Default. If approvaI of the Construction Plans is requested by the Developer in writing at the time of submission, such Canstr�tetion Plans sl�all be deemed approved untess rejectec3 i�i writing by the City Representative, in whole or in part. Such rejections sha3t set forth in detaiI the reasons therefore, and shall be made within ten business (10) days after the date of their receipt by the City. If the City Representative relects any Construction Plans in whole or in part, the Developer shall subr�it new or corrected Construction Alans within l0 business days afier written notificatio� to the Develaper of the rejection. The provisions of this Sectian relating to approvat. rejection and resubmission of corrected Canstruction Plans sha11 conEin�e #o appIy un#il tl�e Construction Pla��s ha�e been approved by the City. The City Representative's approval shall not be unreasonably withheld, delayed ar conditioned. Said approval shall constitute a cortclusive detern-►ination tl�at t�e Construction Pians (and the Mi�timur�-� Irr�pro�ements constructed in accordance with said plans) compty to the City's satisfaction with the provisia�s of this Agreement relating thereto. (b} If the Developer cfesires to make any material change i�i #he Construction Plans after their approvai by the City, the Developer shat] submit the proposed change to the City far its approval. If the Construction A�ans, as modified by the proposed change, cor►fon� Yo the requirements of this Section 42 of this Agreement with respect to such previously approved Construction Pians, the City shall approve the proposed change and natify the Developer in writing of its approval. Snch change in the Constructian Pians shall, in any event, be deeined approved by the City unless rejected, in whoIe or in part, by written notice hy the City to the Developer, setting farth in detaif the reasans therefor. Such rejectio�► shalt be rnade within ten business (10} days after receip# o�the notiee of such change. The City's approvai of ar�y s�ch change in the Construc#ion Pla}3s will nat be unreasonably withheld. 378990v10 S.B AR20D-10 I3