Design Review. The design and materials of any improvements to the Property are subject to review and approval by the City of Norfolk Architectural Review Board (the “ARB”). No later than sixty (60) days after Buyer receives a fully executed copy of this Agreement, Buyer shall submit the proposed design of any improvements to the Property to the ARB. If Buyer wishes to make modifications to the design of the Project as approved by the ARB, Buyer shall submit such proposed modifications to the ARB for review and approval. Any such submission shall clearly identify all changes, omissions and additions as compared to the previously approved Project design documents. If the ARB determines, in its reasonable judgment, that the proposed modifications are not acceptable, the Seller shall so notify Buyer, specifying in reasonable detail in what respects such proposed modifications are not acceptable, and Buyer shall either (a) withdraw the proposed modifications, in which case construction of the Project shall proceed on the basis of the Project design previously approved by the ARB, or (b) revise the proposed modifications in response to the ARB’s objections and resubmit such modifications to the ARB, within thirty (30) days after receipt of such notice of objections, for review and approval. Buyer shall submit plans to the City’s Department of Planning and Community Development (a) when the design is approximately 10% complete, (b) when the design is approximately 30% complete, (c) when the design is approximately 60% complete, and (d) when the design is sufficiently complete such that Buyer’s contractor can proceed with construction (the “Final Plans”). The City’s Planning Director, or his/her designee, shall review the design submissions for the Property. Buyer may not proceed with construction until the Final Plans for the Property are approved by the Department of Planning and Community Development and, in order to enforce this Section 7, the Seller shall be entitled to seek injunctive relief without the necessity of showing monetary or special damages and without posting bond or security for a bond for the award of a permanent injunction. Review by the Department of Planning will include confirmation that the design at the 60% stage and the Final Plans are in substantial conformance with the previous plans approved by ARB or properly modified in accordance with this Agreement.
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Samples: Purchase and Sales Agreement, Purchase and Sales Agreement, Purchase and Sales Agreement
