Common use of Facilities to be Constructed Clause in Contracts

Facilities to be Constructed. SAMP agrees to construct in a good and workmanlike manner the buildings, structures, horizontal and vertical infrastructure, and facilities on the Leased Property as well as all related improvements not located on the Leased Property as may be required by law to obtain the necessary development orders and building permits, all initially described in the Preliminary Conceptual Plan and subsequently detailed in the Approved Plans and the Governmental Approvals, and which conform to and are in accordance with the terms of this Lease. ▇▇▇▇▇▇ agrees to cause the Lessee Improvements to be constructed on the St. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ in accordance with the plans and specifications submitted to the Lessor for review and reasonable approval as provided below, which shall include any work or equipment to be performed or installed by Lessee (including any new structural, mechanical or electrical work or equipment) on or within the St. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ (including both uplands and submerged lands), in addition to any dredging, filling, grading or other horizontal development work on all or any part of the St. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ (the “Plans”). Prior to commencement of construction of the Lessee Improvements, the Plans for such Lessee Improvements shall be submitted to the City Manager of Lessor for review and approval in Lessor’s proprietary capacity under this Lease which approval shall not be unreasonably withheld, conditioned or delayed. Within fourteen (14) days of receipt of the Plans (but not to exceed thirty (30) days of receipt of the Plans to the extent review of the Plans by the City Manager of Lessor reasonably requires consultation with any third-party consultant), the City Manager of Lessor shall give Lessee written notice of either Lessor’s proprietary approval or disapproval setting forth the reasons therefore and failure to respond in any manner by the Lessor shall be deemed approval of the Plans, which approval shall remain subject to Lessor’s approval in its regulatory capacity or in the exercise of its police power under Governmental Regulations. In the event that the City Manager disapproves the Plans, Lessee shall within ten (10) business days of receipt of the notice modify the Plans in accordance with the reasons set forth in Lessor’s disapproval notice or meet with Lessor to discuss a resolution to any disagreement over changes in the Plans, if applicable. The modified Plans shall be resubmitted to Lessor for ▇▇▇▇▇▇’s final review and approval (not to be unreasonably withheld, delayed, or conditioned). Notwithstanding anything to the contrary contained herein, any approval by Lessor in its proprietary capacity under this Lease shall remain subject to Lessee’s compliance with Governmental Regulations, including, without limitation, the City of Panama City Land Development Regulations (LDRs) which approvals under the LDRs may be simultaneously pursued while Lessor reviews the Plans under this Lease. In no event will any approval by Lessor in its capacity as landlord be construed as any representation or warranty by Lessor relative to compliance with Governmental Regulations.

Facilities to be Constructed. SAMP agrees to construct in a good and workmanlike manner the buildings, structures, horizontal and vertical infrastructure, and facilities on the Leased Property as well as all related improvements not located on the Leased Property as may be required by law to obtain the necessary development orders and building permits, all initially described in the Preliminary Conceptual Plan and subsequently detailed in the Approved Plans and the Governmental Approvals, and which conform to and are in accordance with the terms of this Lease. ▇▇▇▇▇▇ agrees to cause the Lessee Improvements to be constructed on the St. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ in accordance with the plans and specifications submitted to the Lessor for review and reasonable approval as provided below, which shall include any work or equipment to be performed or installed by Lessee (including any new structural, mechanical or electrical work or equipment) on or within the St. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ (including both uplands and submerged lands), in addition to any dredging, filling, grading or other horizontal development work on all or any part of the St. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ (the “Plans”). Prior to commencement of construction of the Lessee Improvements, the Plans for such Lessee Improvements shall be submitted to the City Manager of Lessor for review and approval in Lessor’s proprietary capacity under this Lease which approval shall not be unreasonably withheld, conditioned or delayed. Within fourteen (14) days of receipt of the Plans (but not to exceed thirty (30) days of receipt of the Plans to the extent review of the Plans by the City Manager of Lessor reasonably requires consultation with any third-party consultant), the City Manager of Lessor shall give Lessee written notice of either Lessor’s proprietary approval or disapproval setting forth the reasons therefore and failure to respond in any manner by the Lessor shall be deemed approval of the Plans, which approval shall remain subject to Lessor’s approval in its regulatory capacity or in the exercise of its police power under Governmental Regulations. In the event that the City Manager of Lessor disapproves the Plans, Lessee shall within ten (10) business days of receipt of the notice modify the Plans in accordance with the reasons set forth in Lessor▇▇▇▇▇▇’s disapproval notice or meet with Lessor ▇▇▇▇▇▇ to discuss a resolution to any disagreement over changes in the Plans, if applicable. The modified Plans shall be resubmitted to Lessor for ▇▇▇▇▇▇’s final review and approval (not to be unreasonably withheld, delayed, or conditioned). Notwithstanding anything to the contrary contained herein, any approval by Lessor in its proprietary capacity under this Lease shall remain subject to Lessee’s compliance with Governmental Regulations, including, without limitation, the City of Panama City Land Development Regulations (LDRs) which approvals under the LDRs may be simultaneously pursued while Lessor reviews the Plans under this Lease. In no event will any approval by Lessor in its capacity as landlord be construed as any representation or warranty by Lessor relative to compliance with Governmental Regulations.