Common use of Construction Plans Clause in Contracts

Construction Plans. (a) Before commencement of construction of the Project, the Developer shall submit the Construction Plans to the Authority. The Authority Representative will approve the Construction Plans in writing if (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Redevelopment Plan; (iii) the Construction Plans conform to all applicable federal, State, and local laws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for construction of the Project; (v) the Construction Plans do not provide for expenditures in excess of the funds available to the Developer from all sources (including Developer’s equity) for construction of the Project; and (vi) no uncured Event of Default has occurred. Approval may be based upon a review by the City’s Building Official of the Construction Plans. No approval by the Authority Representative shall relieve the Developer of the obligation to comply with the terms of this Agreement or applicable federal, State, and local laws, ordinances, rules, and regulations, or to construct the Project in accordance therewith. No approval by the Authority Representative shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority Representative, in whole or in part. Such rejections shall set forth in detail the reasons therefor, and shall be made within thirty (30) days after the date of their receipt by the Authority. If the Authority Representative rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within thirty (30) days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority Representative’s approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall constitute a conclusive determination that the Construction Plans (and the Project constructed in accordance with said plans) comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto. (b) If the Developer desires to make any Material Change in the Construction Plans after their approval by the Authority, the Developer shall submit the proposed change to the Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 with respect to such previously approved Construction Plans, the Authority Representative shall approve the proposed change and notify the Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within thirty (30) days after receipt of the notice of such change. The Authority’s approval of any such change in the Construction Plans may be conditioned on amendment to provisions of this Agreement if such amendments will mitigate the materiality of such proposed changes.

Construction Plans.  (a) Before commencement of commencing construction of the ProjectDeveloper Improvements, the Master Developer shall submit to the City and the Authority Construction Plans to for the AuthorityDeveloper Improvements that conform with the Developer Improvements Requirements. The Construction Plans shall provide for the construction of the Developer Improvements and shall be in conformity with this Agreement, the Redevelopment Plan and all applicable State and local laws and regulations. The City and the Authority Representative will approve the Construction Plans in writing if (i) the Construction Plans conform to the all terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Redevelopment Plan; (iii) the Construction Plans conform to all applicable federal, State, state and local laws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for construction of the ProjectDeveloper Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds available to the Master Developer from all sources (including Developer’s equity) for construction of the ProjectDeveloper Improvements; and (vi) no uncured Event of Default has occurred. Approval may be based upon a review by the City’s Building Official of the Construction Plans. No approval by the City or the Authority Representative shall relieve the Master Developer of the obligation to comply with the terms of this Agreement or Agreement, applicable federal, State, State and local laws, ordinances, rules, rules and regulations, or to construct the Project Developer Improvements in accordance therewith. No approval by the City or the Authority Representative shall constitute a waiver of an Event of Default. If approval The City and the Authority shall notify the Master Developer of any rejection of the Construction Plans is requested by the Developer in writing at the time of submissionPlans, such Construction Plans shall be deemed approved unless rejected in writing by the Authority Representative, in whole or in part. Such rejections shall and set forth in detail the reasons thereforfor the rejection, and shall be made within thirty twenty (3020) days after the date of their receipt by the AuthorityCity and the Authority receive final plans from the Master Developer. If the City or the Authority Representative rejects any Construction Plans in whole or in part, the Master Developer shall submit new or corrected Construction Plans within thirty twenty (3020) days after written notification to the Master Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the City and the Authority. The Authority RepresentativeCity and the Authority’s approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall constitute a conclusive determination that the Construction Plans (and the Project Developer Improvements, constructed in accordance with said plans) comply to the City and the Authority’s satisfaction with the provisions of this Agreement relating thereto.. The City (and as applicable, the State and the County) shall approve the Construction Plans pursuant to their customary approval process.  (b) If the Master Developer desires to make any Material Change in the Construction Plans or any component thereof after their approval by the City and the Authority, the Master Developer shall submit the proposed change to the City and the Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 with respect to such previously approved Construction Plans, the City and the Authority Representative shall approve the proposed change and notify the Master Developer in writing of its approval. Such change in The City and the Authority shall notify the Master Developer of any rejection of the Construction Plans shallPlans, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to the Developer, setting and set forth in detail the reasons therefor. Such rejection shall be made for the rejection, within thirty twenty (3020) days after receipt of the notice of such changedate the City and the Authority receive final plans from the Master Developer. The Authority’s approval of any such change in the Construction Plans may will not be conditioned on amendment to provisions of this Agreement if such amendments will mitigate the materiality of such proposed changes.unreasonably withheld. 

Construction Plans. (a) Before commencement of construction of each Component of the ProjectMinimum Improvements, the Developer shall submit to the City Construction Plans. The Construction Plans to shall provide for the Authorityconstruction of the relevant improvements and shall be in material conformity with the Development Plan, the PUD, this Agreement, and all applicable State and local laws and regulations. The Authority City Representative will approve the Construction Plans in writing if if: (i) the Construction Plans materially conform to the terms and conditions of this Agreement; (ii) the Construction Plans materially conform to the goals and objectives of the Redevelopment PlanDevelopment Plan and the PUD; (iii) the Construction Plans conform to all applicable federal, State, state and local laws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for construction of the Projectrelevant improvements; and (v) the Construction Plans do not provide for expenditures in excess of the funds available to the Developer from all sources (including Developer’s equity) for construction of the Project; and (vi) no uncured Event of Default has occurred. Approval may be based upon a review by the City’s Building Official of the Construction PlansPlans and shall be conclusive evidence that Developer has satisfied its obligations under this Section. No approval by the Authority City Representative shall relieve the Developer of the obligation to comply with the terms of this Agreement or of the Development Plan, applicable federal, State, state and local laws, ordinances, rules, rules and regulations, or to construct the Project Minimum Improvements in accordance therewith. No approval by the Authority City Representative shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority City Representative, in whole or in part. Such rejections shall set forth in detail the reasons therefortherefore, and shall be made within thirty (30) 30 days after the date of their receipt by the AuthorityCity. If the Authority City Representative rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within thirty (30) 30 days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the AuthorityCity. The Authority City Representative’s approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall constitute a conclusive determination that the Construction Plans (and the Project Minimum Improvements constructed in accordance with said plans) comply to the AuthorityCity’s satisfaction with the provisions of this Agreement relating thereto. (b) If the Developer desires to make any Material Change in the Construction Plans after their approval by the Authority, the Developer shall submit the proposed change to the Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 with respect to such previously approved Construction Plans, the Authority Representative shall approve the proposed change and notify the Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within thirty (30) days after receipt of the notice of such change. The Authority’s approval of any such change in the Construction Plans may be conditioned on amendment to provisions of this Agreement if such amendments will mitigate the materiality of such proposed changes.

Construction Plans. (a) Before commencement the EDA makes any disbursements of construction of the ProjectLoan proceeds under Article III, the Developer Association shall submit the Construction Plans to the AuthorityCity Building Official, who shall review such plans on behalf of the EDA. The Authority Representative Construction Plans shall provide for the construction of the Housing Improvements and shall be in conformity with this Agreement, and all applicable State and local laws and regulations. The City Building Official will approve the Construction Plans in writing if if: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Redevelopment Plan; (iii) the Construction Plans conform to all applicable federal, State, state and local laws, ordinances, rules and regulations; (iviii) the Construction Plans are adequate to provide for construction of the Project; (v) the Construction Plans do not provide for expenditures in excess of the funds available to the Developer from all sources (including Developer’s equity) for construction of the ProjectHousing Improvements; and (viiv) no uncured Event of Default has occurred. Approval may be based upon a review by the City’s Building Official of the Construction Plans. No approval by the Authority Representative City Building Official shall relieve the Developer Association of the obligation to comply with the terms of this Agreement or Agreement, applicable federal, State, state and local laws, ordinances, rules, rules and regulations, or to construct the Project Housing Improvements in accordance therewith. No approval by the Authority Representative City Building Official shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer Association in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority RepresentativeCity Building Official, in whole or in part. Such rejections shall set forth in detail the reasons therefortherefore, and shall be made within thirty (30) 30 days after the date of their receipt by the AuthorityCity Building Official. If the Authority Representative City Building Official rejects any Construction Plans in whole or in part, the Developer Association shall submit new or corrected Construction Plans within thirty (30) 30 days after written notification to the Developer Association of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the AuthorityCity Building Official. The Authority RepresentativeCity Building Official’s approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall constitute a conclusive determination that the Construction Plans (and the Project Housing Improvements, constructed in accordance with said plans) comply to the AuthorityCity Building Official’s satisfaction with the provisions of this Agreement relating thereto. (b) If the Developer Association desires to make any Material Change material change in the Construction Plans after their approval by the AuthorityCity Building Official, the Developer Association shall submit the proposed change to the Authority City Building Official for its approval. For the purposes of this Section, a “material change” means any change that (i) increases or decreases the total cost of the Housing Improvements by more than $10,000 or (ii) involves any change in construction materials or design that reasonably requires review for compliance with state and local laws and regulations. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority Representative City Building Official shall approve the proposed change and notify the Developer Association in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority City Building Official unless rejected, in whole or in part, by written notice by the Authority City Building Official to the DeveloperAssociation, setting forth in detail the reasons therefor. Such rejection shall be made within thirty (30) 10 days after receipt of the notice of such change. The AuthorityCity Building Official’s approval of any such change in the Construction Plans may will not be conditioned on amendment to provisions of this Agreement if such amendments will mitigate the materiality of such proposed changesunreasonably withheld.

Construction Plans. (a) Before commencement of construction of the ProjectClosing, the Developer shall submit to the Authority the Construction Plans to the AuthorityPlans. The Authority Representative will approve the such Construction Plans in writing if if: (i) the such Construction Plans conform to the terms and conditions of this Agreement; (ii) the such Construction Plans conform to the goals and objectives of the Redevelopment PlanDevelopment Plan between Developer and the City; (iii) the such Construction Plans conform to all applicable federal, State, state and local laws, ordinances, rules and regulations; (iv) the such Construction Plans are adequate to provide for construction of the ProjectMinimum Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds available to the Developer from all sources (including Developer’s equity) for construction of the ProjectMinimum Improvements; and (vi) no uncured Event of Default has occurred. Approval may be based upon a review by the City’s Building Official of the Construction Plans. No approval by the Authority Representative shall relieve the Developer of the obligation to comply with the terms of this Agreement or of the Development Plan, applicable federal, State, state and local laws, ordinances, rules, rules and regulations, or to construct the Project Minimum Improvements in accordance therewith. No approval by the Authority Representative shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer ▇▇▇▇▇▇▇▇▇ in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority RepresentativeAuthority, in whole or in part. Such rejections shall set forth in detail the reasons therefortherefore, and shall be made within thirty (30) 30 days after the date of their receipt by the Authority. If the Authority Representative rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within thirty (30) 30 days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved or deemed approved by the Authority. The Authority RepresentativeAuthority’s approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall constitute a conclusive determination that the Construction Plans (and the Project Minimum Improvements, constructed in accordance with said plans) comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto, but any approvals by the Authority hereunder will not constitute approval by any City officials regarding any City requirements related to construction of the Minimum Improvements, rather such approvals shall be governed by City ordinances, policies and procedures. Developer hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority. (b) If the Developer desires to make any Material Change material change in the Construction Plans after their approval by the Authority, the Developer shall submit the proposed change to the Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority Representative shall approve the proposed change and notify the Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within thirty (30) 20 days after receipt of the notice of such changechange to the Construction Plans. The Authority’s approval of any such change in the Construction Plans may will not be unreasonably withheld, conditioned on amendment or delayed. Nothing in this paragraph will relieve Developer of the obligation to provisions comply with any City ordinances or procedures regarding changes in Construction Plans, and any approvals by the Authority hereunder will not constitute approval by any City officials regarding any City requirement related to construction of this Agreement if such amendments will mitigate the materiality of such proposed changesMinimum Improvements.

Construction Plans. (a) Before commencement of commencing construction of the ProjectMinimum Improvements and the Public Improvements, the Developer shall submit to the City and the Authority Construction Plans to for the AuthorityMinimum Improvements and the Public Improvements. The Authority Construction Plans shall provide for the construction of the Minimum Improvements and the Public Improvements and shall be in conformity with the Development Program, this Agreement, and all applicable State and local laws and regulations. The City Representative and the will approve the Construction Plans in writing if if: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Redevelopment PlanDevelopment Program; (iii) the Construction Plans conform to all applicable federal, State, state and local laws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for construction of the ProjectMinimum Improvements and the Public Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds available to the Developer from all sources (including Developer’s equity) for construction of the ProjectMinimum Improvements and the Public Improvements; and (vi) no uncured Event of Default has occurredDefault. Approval may be based upon a review by the City’s Building Official of the City of the Construction Plans. No approval by the Authority City Representative shall relieve the Developer of the obligation to comply with the terms of this Agreement or of, applicable federal, State, state and local laws, ordinances, rules, rules and regulations, or to construct the Project Minimum Improvements and the Public Improvements in accordance therewith. No approval by the Authority City Representative shall constitute a waiver of an Event of DefaultDefault has occurred. If approval of the Construction Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority City Representative, in whole or in part. Such rejections shall set forth in detail the reasons therefor, and shall be made within thirty (30) days after the date of their receipt by the AuthorityCity. If the Authority City Representative rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within thirty (30) days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the AuthorityCity Representative. The Authority City Representative’s approval shall not be unreasonably withheld, delayed conditioned, or conditioneddelayed. Said approval shall constitute a conclusive determination that the Construction Plans (and the Project Minimum Improvements and the Public Improvements constructed in accordance with said plans) comply to the AuthorityCity’s satisfaction with the provisions of this Agreement relating thereto. The Developer hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the City and/or any changes in the Construction Plans requested by the City. Neither the City, nor any employee or official of the City shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the City. (b) If the Developer desires to make any Material Change material change in the Construction Plans after their approval by the AuthorityCity, the Developer shall submit the proposed change to the Authority City for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 with respect to such previously approved Construction Plans, the Authority Representative City shall approve the proposed change and notify the Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority City unless rejected, in whole or in part, by written notice by the Authority City to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within thirty ten (3010) days after receipt of the notice of such change. The AuthorityCity’s approval of any such change in the Construction Plans may will not be conditioned on amendment to provisions of this Agreement if such amendments will mitigate the materiality of such proposed changesunreasonably withheld.

Construction Plans. (a) Before commencement of construction of the ProjectMinimum Improvements, the Developer shall submit to the City the Construction Plans to the AuthorityPlans. The Authority Representative will Construction Plans provide for construction of the Minimum Improvements and shall be in substantial conformity with the Development Program, this Agreement, and all applicable State and local building and zoning laws and regulations. The Building & Zoning Official and Development Director, on behalf of the City, shall review and approve the Construction Plans in writing if if: (i) the Construction Plans substantially conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Redevelopment Plan; (iii) the Construction Plans conform in all material respects to all applicable federal, State, State and local laws, ordinances, rules rules, and regulations; regulations and (ivii) the Construction Plans are adequate to provide for construction of the Project; (v) Minimum Improvements. Review of the Construction Plans do not provide for expenditures in excess includes a review of the funds available types and quality of building materials, colors and other features on the exterior of the building or on-site. The Development Director shall verify that the Construction Plans substantially conform in all material respects to the Developer from all sources (including Developer’s equity) terms and conditions of this Agreement relating thereto and no Event of Default has occurred and remains uncured. As soon as the plans for construction of the Project; and Minimum Improvements are complete, copies shall be filed with the City Building & Zoning Official. (vib) no uncured Event of Default has occurred. Approval may be based upon a review by the City’s Building Official of the Construction Plans. No approval by the Authority Representative City Building & Zoning Official or Development Director shall relieve the Developer of the obligation to comply with the terms of this Agreement or of the Development Program, applicable federal, State, state and local laws, ordinances, rules, rules and regulations, or to construct the Project Minimum Improvements in accordance therewith. No approval by the Authority Representative shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority RepresentativeCity Building & Zoning Official and Development Director, in whole or in part. Such rejections shall set forth in detail the reasons therefor, and shall be made within thirty (30) 30 days after the date of their receipt by the AuthorityCity. Such rejection shall set forth in detail the reasons therefor. If the Authority Representative City Building & Zoning Official or Development Director rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within thirty (30) 30 days after written notification to the Developer of the rejection. The provisions of this Section relating relate to approval, rejection and resubmission of corrected corrected, amended or changed Construction Plans and shall continue to apply until the Construction Plans have been approved by the AuthorityCity. The Authority RepresentativeCity Building & ▇▇▇▇▇▇ Official’s approval and Development Director’s approvals shall not be unreasonably withheld, delayed or conditioned. Said approval approvals shall constitute a conclusive determination that the Construction Plans (and the Project Minimum Improvements constructed in accordance with said plans) comply to the AuthorityCity’s satisfaction with the provisions of this Agreement relating thereto. (bc) If prior to the issuance of the Certificate of Completion for the Minimum Improvements, the Developer desires to make any Material Change material change (a change proposing to decrease the construction cost of the Minimum Improvements by an amount in excess of $100,000, unless the change is due only to a decrease in the cost of a specific product or material) in the Construction Plans after their approval by the AuthorityCity, the Developer shall submit the proposed change to the Authority City for its approval. If The process for approval of the Construction Plans, as modified by the proposed change, conform material change to the requirements of this Section 4.2 with respect to such previously approved Construction Plans, the Authority Representative shall approve the proposed change and notify the Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within thirty as described above. (30d) days after receipt of the notice of such change. The Authority’s approval of any such change in Developer certifies that the Construction Plans may be conditioned on amendment to provisions of are in conformance with the Development Program, this Agreement if such amendments will mitigate and all applicable State and local building and zoning laws and regulations. The Developer agrees to indemnify, defend and hold harmless the materiality City from any and all claims or causes of such proposed changesaction resulting from any alleged defect in the design or construction of the Site Improvements and the Minimum Improvements, subject to the limitations imposed by law.

Construction Plans. (a) Before commencement of commencing construction of the ProjectMinimum Improvements, the Developer Develoepr shall submit to the Authority the Construction Plans. The Construction Plans to shall provide for construction of the AuthorityMinimum Improvements and shall be in conformity with this Agreement, the TIF Plan, and all applicable State and local laws and regulations. The Authority Representative will shall approve the Construction Plans in writing if (which shall be conclusively be deemed given upon issuance by the City of a building permit for the Minimum Improvements) if, in the reasonable discretion of the Authority: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Redevelopment Development District Plan; (iii) the Construction Plans conform to all applicable federal, State, state and local lawslaw, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for the construction of the Projectsubject Minimum Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds which will be available to the Developer from all sources (including Developer’s equity) for the construction of the ProjectMinimum Improvements; and (vi) no uncured Event of Default has occurred. Approval may be based upon a review by the City’s Building Official of the Construction Plansoccurred or is continuing after Developer's timeframe to cure has lapsed as outlined in Section 9.2. No approval by the Authority Representative under this Section 3.2 shall relieve the Developer of the obligation to comply with the terms of this Agreement or Agreement, applicable federal, State, state and local laws, ordinances, rules, rules and regulations, or to construct the Project in accordance therewithMinimum Improvements. No approval by the Authority Representative shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority RepresentativeAuthority, in whole or in part. Such rejections shall set forth in detail the reasons therefortherefor based upon the criteria set forth in (i) through (vi) above, and shall be made within thirty (30) days after the date of their receipt by of final plans from the AuthorityDeveloper. If the Authority Representative fails to reject any Construction Plans submitted to the Authority within said thirty (30) day period, the Authority shall be deemed to have approved such plans. If the Authority rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within thirty twenty (3020) days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority RepresentativeAuthority’s approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall constitute a conclusive determination that the approved Construction Plans (and the Project Minimum Improvements if constructed in accordance with said plans) pursuant thereto comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto. The Developer hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority. (b) If the Developer desires to make any Material Change in the any Construction Plans after their approval by the Authority, the Developer shall submit the proposed change to the Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 with respect to such previously approved Construction Plans, the Authority Representative shall approve the proposed change and notify the Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within thirty (30) days after receipt of the notice of such change. The Authority’s approval of any such change in the Construction Plans may be conditioned on amendment to provisions of this Agreement if such amendments will mitigate the materiality of such proposed changes.

Construction Plans. (a) Before commencement of construction of the ProjectMinimum Improvements is commenced, the Developer shall submit to the City the Construction Plans to the AuthorityPlans. The Authority Representative Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with this Agreement and all applicable State and local laws and regulations. The City will approve the Construction Plans in writing if if: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Redevelopment Plan; (iii) the Construction Plans conform to all applicable federal, State, State and local laws, ordinances, rules and regulations; (iviii) the Construction Plans are adequate to provide for construction of the ProjectMinimum Improvements; (iv) materials and exterior finishes are similar in quality and appearance to existing buildings on the Development Property; and (v) no Event of Default by the Developer has occurred and is continuing under this Agreement. No approval of the Construction Plans do not provide for expenditures in excess of the funds available to the Developer from all sources (including Developer’s equity) for construction of the Project; and (vi) no uncured Event of Default has occurred. Approval may be based upon a review by the City’s Building Official of the Construction Plans. No approval by the Authority Representative City shall relieve the Developer of the obligation to comply with the terms of this Agreement or Agreement, applicable federal, State, state and local laws, ordinances, rules, rules and regulations, or to construct the Project in accordance therewith. No approval of the Construction Plans by the Authority Representative City shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority RepresentativeCity, in whole or in part. Such rejections shall set forth in detail the reasons therefortherefore, and shall be made within thirty (30) promptly, but in no event later than 30 days after the date of their receipt by the AuthorityCity. If the Authority Representative City rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within thirty (30) 30 days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the AuthorityCity. The Authority RepresentativeCity’s approval shall not be unreasonably withheld, delayed withheld or conditioneddelayed. Said approval shall constitute a conclusive determination that the Construction Plans (and the Project Minimum Improvements, constructed in accordance with said plans) comply to the AuthorityCity’s satisfaction with the provisions of this Agreement relating thereto. (b) If the Developer desires to make any Material Change material change in the Construction Plans after their approval by the AuthorityCity, the Developer shall submit the proposed change to the Authority City for its approval. For this Agreement, the following changes will be considered “material”: (1) changes that reduce the square footage of the Minimum Improvements by more than 15%; (2) changes which reflect a change in the basic use of the Minimum Improvements; (3) changes which would adversely affect the value (for property tax purposes) of the Minimum Improvements to the extent that such changes (independent of other factors) would be likely to reduce such value below than $100 per square foot. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority Representative City shall approve the proposed change and notify the Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority City unless rejected, in whole or in part, by written notice by the Authority City to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within thirty (30) 20 days after receipt of the notice of such change. The AuthorityCity’s approval of any such change in the Construction Plans may will not be conditioned on amendment to provisions unreasonably withheld or delayed. (c) The approval of Construction Plans by the City under this Section 4.2 is for the purposes of this Agreement if such amendments will mitigate only. The Developer must also obtain any approvals necessitated by the materiality City’s planning and zoning requirements. The County has no responsibility with respect to approving Construction Plans or any other requirements of such proposed changesthis Section.

Construction Plans. (a) Before commencement of commencing construction of the ProjectMinimum Improvements, the Developer shall submit to the Authority completed Construction Plans. The Construction Plans to shall provide for the Authorityconstruction of the Minimum Improvements and shall be in conformity with the Development Program, the TIF Plan, this Agreement, and all applicable State and local laws and regulations. The Authority Representative will approve the Construction Plans in writing if if: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Redevelopment PlanDevelopment Program; (iii) the Construction Plans conform to all applicable federal, State, State and local laws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for construction of the ProjectMinimum Improvements; (v) the Construction Plans do not provide for expenditures in excess include exterior front and side walls constructed of the funds available to the Developer from all sources (including Developer’s equity) for construction of the Projectclay brick; and (vi) no uncured Event of Default has occurred. Approval may be based upon a review by the City’s Building Official of the Construction Plans. No approval by the Authority Representative shall relieve the Developer of the obligation to comply with the terms of this Agreement or of the Development Program, applicable federal, State, State and local laws, ordinances, rules, rules and regulations, or to construct the Project Minimum Improvements in accordance therewith. No approval by the Authority Representative shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority RepresentativeAuthority, in whole or in part. Such rejections shall set forth in detail the reasons therefor, and shall be made within thirty (30) 30 days after the date of their receipt by the Authority. If the Authority Representative rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within thirty (30) 30 days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority RepresentativeAuthority’s approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall constitute a conclusive determination that the Construction Plans (and the Project Minimum Improvements, constructed in accordance with said plans) comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto. (b) If the Developer desires to make any Material Change material change in the Construction Plans after their approval by the Authority, the Developer shall submit the proposed change to the Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 with respect to such previously approved Construction Plans, the Authority Representative shall approve the proposed change and notify the Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within thirty ten (3010) days after receipt of the notice of such change. The Authority’s approval of any such change in the Construction Plans may will not be conditioned on amendment to provisions of this Agreement if such amendments will mitigate the materiality of such proposed changesunreasonably withheld.

Construction Plans. (a) The parties agree and understand that the Minimum Improvements will be constructed under a so-called "design-build" strategy. Before commencement of construction of each component the ProjectMinimum Improvements for which a municipal permit is issued, the Developer shall submit to the Authority Construction Plans to for such component. The Construction Plans shall provide for the Authorityconstruction of the relevant component of the Minimum Improvements and shall be in substantial conformity with the Redevelopment Plan, this Agreement, and all applicable State and local laws and regulations. The Authority Representative will approve the Construction Plans in writing if if; (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Redevelopment Plan; (iii) the Construction Plans conform to all applicable federal, State, state and local laws, ordinances, rules and regulations; (iviii) the Construction Plans are adequate to provide for construction of the Project; (v) the Construction Plans do not provide for expenditures in excess of the funds available to the Developer from all sources (including Developer’s equity) for construction of the ProjectMinimum Improvements; and (viiv) no uncured Event of Default has occurred. Approval may be based upon a review by the City’s Building Official of the Construction Plans. No approval by the Authority Representative shall relieve the Developer of the obligation to comply with the terms of this Agreement or of the Redevelopment Plan, applicable federal, State, state and local laws, ordinances, rules, rules and regulations, or to construct the Project Minimum Improvements in accordance therewith. No approval by the Authority Representative shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority RepresentativeAuthority, in whole or in part. Such rejections shall set forth in detail the reasons therefortherefore, and shall be made within thirty (30) 30 days after the date of their receipt by the Authority. If the Authority Representative rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within thirty (30) 30 days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority Representative’s Authority's approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall constitute a conclusive determination that the Construction Plans (and the Project Minimum Improvements, if constructed in accordance with said plans) comply to the Authority’s 's satisfaction with the provisions of this Agreement relating thereto. (b) If If, prior to issuance of the Certificate of Completion, the Developer desires to make any Material Change material change in the Construction Plans after their approval by the AuthorityAuthority which would substantially alter the scope of the work contemplated thereby or decrease the value of the Minimum Improvements (including land) below $6,200,000, the Developer shall submit the proposed change to the Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority Representative shall approve the proposed change and notify the Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within thirty ten (3010) days after receipt of the notice of such change. The Authority’s 's approval of any such change in the Construction Plans may will not be conditioned on amendment to provisions of this Agreement if such amendments will mitigate the materiality of such proposed changesunreasonably withheld.