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<br />,:lo!i"" <br />~ ARTICLE III <br />4It Construction of Minimum Improvements <br /> <br /> <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 maintain, 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 /> <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 />I Preliminary Plans shall be deemed approved by the City. Any <br />. rejection shall set forth in detail the reasons therefor. If the <br />Ci ty rejects the Prel iminary 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 /> <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 />tion 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 des ign 0 f the Minimum Improvements and the <br />facade and landscaping plans provide for a facility which is not <br />.. inconsistent with the aesthetic character of the Program; and (g) <br /> <br />6 <br />