Plan Refinement Process. In addition to the City’s policies and procedures under the Laws, the following process shall be considered the Plan Refinement Process for the Project. This process is the City’s right to review and approve preliminary and detailed plans for the Project, including aspects relating to construction material, quality and aesthetic standards. However, in all cases, the City’s approval shall not be unreasonably withheld, conditioned or delayed. The Company shall submit to the City the Design Development Documents for review. Within thirty (30) days after receipt of the Design Development Documents, the City shall deliver to the Company written notice either: (A) confirming that such Design Development Documents are acceptable; or (B) stating any reasonable objection to such Design Development Documents, specifying the part or parts to which the City reasonably objects and including the specific basis for such objection. Upon confirmation that the Design Development Documents are acceptable, such Design Development Documents shall be deemed to be final and, accordingly shall become part of the Final Documents and Drawings for the Projects. Following approval of the Design Development Documents, the Company shall submit to the City for its review the Construction Drawings for each trade or other discrete aspect of construction of the Projects. Within thirty (30) days after the City receives the Construction Drawings, the City shall deliver to the Company written notice either: (i) confirming that such Construction Drawings are acceptable; or (ii) stating any reasonable objection to such Construction Drawings, specifying the part or parts to which the City reasonably objects and including the specific basis for such objection. Upon confirmation that the Construction Drawings conform to the corresponding approved Design Development Documents, such Construction Drawings shall be deemed to be final and, accordingly shall become part of the Final Documents and Drawings for the Project. If, at any stage of the Plan Refinement Process described in this section, the City objects to or rejects, as applicable, all or any portion of the Design Development Documents or the Construction Drawings, then, the Company shall endeavor in good faith to address such objection to the City’s reasonable satisfaction within twenty (20) days after the Company receives notice of such objection and resubmit the relevant documents to the City. Within twenty (20) business days after the City receives such resubmissions, the City shall deliver to the Company written notice of its confirmation, objection, approval, or rejection, as applicable, in accordance with this section. This process shall continue until such time as the Design Development Documents and the Construction Drawings are confirmed or approved, as applicable, by the City, at which time each of the foregoing shall be final and, accordingly: (i) shall become part of the Final Documents and Drawings for the Project. Nothing in this Agreement shall give the City the right to object to: (i) any drawing, document, or plan so long as it is consistent with the Site Plan; or (ii) the Construction Drawings, to the extent the same are consistent with the approved Design Development Documents. Additionally, the City shall not impose on the Company any requirements not already included in the Corporate Campus Planned Development District ordinance, nor shall the City impose any term, condition or obligation on the Company in order for any Required Permit to be issued, which is (i) unreasonable, (ii) would materially increase the cost of the Project, or (3) be inconsistent with requirements imposed in similar circumstances.
Appears in 2 contracts
Sources: Condemnation Settlement Agreement, Condemnation Settlement Agreement