CCP 09-22-1997 - Laserfiche WebLink

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--" m . ARTICLE IV Construction ofMinimnm Improvements Section 4,1. r.nn.tmction ofMin;mnm Improvements (a) The Redeveloper agrees that it will constrUCt the Minimum Improvements on the Redevelopment Property in accordance with the approved Construction Plans and that it will maintain, preserve and keep those portions of the Minimum Improvements that it owns and controls, including but not limited to all landscaping and exterior improvements, to be mainlained, preserved and kepI with the appurtenlll;Ce& and every part and parcel thereof, in good repair and condition, during the term of this Agreement, reasonable wear and tear and casualty excepted, (b) The Redeveloper agrees that it will cooperate reasonably with the City and the Authority in the resolution of any traffic. parking, Irash removal, public nuisances or safety problems arising out of or relating to the Minimum ImprovementS. Section 4.2. Cpnsl1'llction Plans (a) The City has granted planned unit development approval for the Minimum Improvemenls. By May 1, 1998, the Redeveloper shall submit to the Authority ConslIUction Plans for at leasllOO,OOO square feet of Minimum Improvements for its approval. On or before August I, 1998, the Redeveloper shall submit to Ihe Authority Construction Plans for at least an additional 70.000 square feet of the Minimum Improvements, . and on or before Ma:y I, 1999. the Redeveloper shall submit to the Authority Construction Plans for an additional 100,000 square feel of the Minimum Improvements. The Authority shall have fourteen (14) days after receipt of a complete set of ConstTUction Plans for a phase to notify the Redeveloper of its approval or rejection of such ConstrUCtion Plans or the Construction Plans shall be deemed approved, which approval shall not be unreasonably withheld or delayed. The. , Redeveloper shall prepare all additional building plans and shall construct the Minimum Improvements in a manner consistent with the Construclion Plans and all conditions imposed by the City Council in granting planned unit developmcnl approval to the Redeveloper, The Authority shall not be obligated to approve any Construction Plans that provide for the construction of a Phase of a square footage less than the minimum amoWlts set forth in Section 1.1. The approval of the Construction Plans shall not relieve the Redeveloper of the obligation to comply with the terms of this Agreemenl, applicable federal, state and local laws. ordinances, JUles and regulations, or to construct the Minimum Improvements. Nothing in this Agreement shall be deemed to limit in any way the Redeveloper's obligation to oomply with the City's nonnal building construction permitting process. (b) If the Redeveloper desires 10 make any lIlaterial change in any Construction Plans after their approval by the Authority, the Redeveloper shall submit the proposed change to the Authority and the City COWlcil for approval, which approval by the Authority shall not be unreasonably withheld or delayed. For plIlposes of this Agreement, a "material" change in the Construction Plans shall be any change that reduces the value of the Minimum Improvements below the minimum market value established in the Assessment Agreement for the Phase or . otherwise affects the validity of the Assessment Agreement, materially changes the exterior appearance of the Minimum Improvements, changes the general nature or use of the Minimum IS 0C:'d 61'0l. lZ6 2:t9 '~'d '3~I3a ~ A3Ia~~a 9t:St l.66t-6t-d3S