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CCP 06-15-1992
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CCP 06-15-1992
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5/8/2007 1:09:07 PM
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<br /> --- ARTICLE III <br /> Construction of Minimum Improvements <br /> Section 3.1- Construction of Minimum Improvements. The <br /> Developer agrees that it will construct the Minimum Improvements <br /> on the Development Property in accordance with the approved <br /> Construction Plans and at all times prior to the Maturity Date will <br /> operate and mainta.int preserve and keep the Minimum Improvements <br /> or cause the Minimum Improvements to be maintained, preserved and <br /> kept with the appurtenances and every part and parcel thereof, in <br /> good repair and condition. <br /> Section 3.2. Construction Plans. ( a) The Developer has <br /> submitted to the City "Preliminary Plans, " consisting of floor <br /> plans and sketches of the exterior and interior of the proposed <br /> Minimum Improvements which illustrate the size and character of the <br /> proposed improvements. The Preliminary Plans are not inconsistent <br /> with the Program, this Agreement and all applicable state and local <br /> laws and regulations, insofar as said consistency may be determined <br /> at said preliminary stage. Said preliminary plans shall be <br /> approved or rejected (in whole or in part) in writing by the City <br /> within twenty (20 ) days after the date of this Agreement. If no <br /> . written rejection is made within said twenty (20) days, the <br /> Preliminary Plans shall be deemed approved by the City. Any <br /> rejection shall set forth in detail the reasons therefor. If the <br /> City rejects the Preliminary Plans, in whole or in part, the <br /> Developer may submit new or corrected Preliminary Plans at any time <br /> after receipt by the Developer of the notice of rejection. The <br /> City's approval of the Preliminary Plans shall not be unreasonably <br /> withheld. <br /> (b) At any time after execution of this Agreement, but in any <br /> event no later than sixty (60 ) days after the date of the Agree- <br /> ment. the Developer shall submit Construction Plans to the City, <br /> The Construction Plans shall provide for the construction of the <br /> Minimum Improvements and shall be in conformity with the Program, <br /> this Agreement, the Preliminary Plans, and all applicable state and <br /> local laws and regulations. The City shall approve the Construc- <br /> tjon Plans in writing if, in the sole disc~tion of the City: (a) <br /> the Construction Plans conform to the terms and conditions of this <br /> Agreement; (b) the Construction Plans conform to the goals and <br /> objectives of the Program; (c) the Construction Plans conform to <br /> all applicable federal, State and local laws, ordinances, rules and <br /> regulations; (d) 'the Construction Plans are adequate to provide for <br /> the construction of the Minimum Improvements; ( e) the Construction <br /> Plans do not provide for expenditures in excess of the funds <br /> available to the Developer for the construction of the Minimum <br /> Improvements; ( f) the design of the Minimum Improvements and the <br /> . facade and landscaping plans provide for a faciIi ty which is not <br /> inconsistent with the aesthetic character of the Program; and (IS ) <br /> 6 <br />
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