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2007-07-11 CC
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2007-07-11 CC
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7/9/2007 11:45:09 AM
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<br />ARTICLE IV <br /> <br />CONSTRUCTION OF MINIMUM IMPROVEMENTS <br /> <br />Section 4.1. Construction and Operation of Minimum Improvements. The Developer <br />agrees that it will construct the Minimum Improvements on the Development Property in <br />accordance with the approved Construction Plans, together. with any changes approved by the <br />City and any changes not requiring the Authority's approval, and at all times prior to the <br />Termination Date will operate and maintain, preserve and keep the Minimum Improvements or <br />cause the Minimum Improvements to be maintained, preserved and kept with the appurtenances <br />and every part and parcel thereof, in good repair and condition. <br /> <br />Section 4.2. Construction Plans. As provided in Section 3.3(d), prior to <br />commencement of any Phase or Sub-Phase, the Developer shall cause to be provided to the City <br />Construction Plans for the Phase or Sub-Phase, which shall be subject to approval by the City as <br />provided in this Section 4.2. Construction Plans for Phase I will be submitted by the times set <br />forth on Schedule I hereto. The Construction Plans shall provide for the Phase or Sub-Phase to <br />be constructed on the Development Property, and shall be in conformity with this Agreement, <br />and all applicable state and local laws and regulations. The City shall approve the Construction <br />Plans in writing if: (a) the Construction Plans conform to the terms and conditions of this <br />Agreement; (b) the Construction Plans are consistent with the Master Plan; (c) the Construction <br />Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; <br />(d) the Construction Plans are adequate for purposes of this Agreement to provide for the <br />construction of the Minimum Improvements; (e) the Construction Plans will result in <br />improvements of such nature and quality as the City determines will justify the City's assistance <br />contemplated by this Agreement and ( e) no Event of Default under the terms of this Agreement <br />has occurred; provided, however, that any such approval of the Construction Plans pursuant to <br />this Section 4.2 shall constitute approval for the purposes of this Agreement only and shall not be <br />deemed to constitute approval or waiver by the City with respect to any building, zoning or other <br />ordinances or regulation of the City, and shall not be deemed to be sufficient plans to serve as the <br />basis for the issuance of a building permit if the Construction Plans are not as detailed or <br />complete as the plans otherwise required for the issuance of a building permit. <br /> <br />The Construction Plans must be rejected in writing by the City within thirty (30) days of <br />submission or shall be deemed to have been approved by the City. If the City rejects the <br />Construction Plans in whole or in part, the Developer shall submit new or corrected Construction <br />Plans within thirty (30) days after receipt by the Developer of written notification of the <br />rejection, accompanied by a written statement of the City specifying the respects in which the <br />Construction Plans submitted by the Developer fail to conform to the requirements of this <br />Section 4.2. The provisions of this Section 4.2 relating to approval, rejection and resubmission <br />of corrected Construction Plans shall continue to apply until the Construction Plans have been <br />approved by the City; provided, however, that in any event the Developer shall submit <br />Construction Plans which are approved by the City prior to commencement of construction of <br />the Minimum Improvements. Approval of the Construction Plans by the City shall not relieve <br /> <br />19 <br />
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