Common use of Construction Plans Clause in Contracts

Construction Plans. (1) Prior to the commencement of construction of the Project, the Developer will deliver to the City the Construction Plans, Construction Documents and a sworn construction cost statement certified by the Developer and the General Contractor (the “Sworn Construction Cost Statement”) all in form and substance reasonably acceptable to the City. The Construction Plans for the Project shall be consistent with the Development Program, this Agreement, and all applicable State and local laws and regulations and any site plan or design drawings previously submitted to the City. The City’s building official and the City Administrator of the City on behalf of the City shall promptly review any Construction Plans upon submission and deliver to the Developer a written statement approving the Construction Plans or a written statement rejecting the Construction Plans and specifying in reasonable detail the deficiencies in the Construction Plans. Approval of the Construction Plans may be withheld unless: (i) the Construction Plans substantially conform to the terms and conditions of this Agreement; (ii) the Construction Plans are consistent with the goals and objectives of the Development Program, the TIF Plan and the Tax Abatement Program; (iii) the Construction Plans comply with any site plan or design drawings previously submitted to the City; and (iv) the Construction Plans do not violate any applicable federal, State or local laws, ordinances, rules or regulations. If the Construction Plans are not approved by the City, then the Developer shall make such changes as the City may reasonably require and resubmit revised Construction Plans to the City for approval. 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. The City’s approval shall not be unreasonably withheld or conditioned. Said approval. (2) No changes shall be made to the Construction Plans for the Project without the City’s prior written approval, unless the aggregate of such changes does not increase or decrease the total costs of the Project by more than 10%. No changes which materially alter (a) the Project’s site plan, (b) exterior appearance, (c) construction quality, or (d) exterior materials included in the final Design Drawings and Construction Plans shall be made without the City’s prior written consent. The approval of the City will not be unreasonably withheld, conditioned or delayed. (3) The approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City does not constitute a representation or warranty by the City that the Construction Plans or the Project comply with any applicable building code, health or safety regulation, zoning regulation, environmental law or other law or regulation, or that the Project will meet the qualifications for issuance of a certificate of occupancy, or that the Project will meet the requirements of the Developer or any other users of the Project. Approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City will not constitute a waiver of an Event of Default or of any State or City building or other code requirements that may apply. Nothing in this Agreement shall be construed to relieve the Developer of its obligations to receive any required approval of the Construction Plans from any City department and does not relieve the Developer of the obligation to comply with applicable federal, State and local laws, ordinances, rules and regulations, or to construct the Project in accordance therewith.

Construction Plans. (1) Prior Developer shall cause Construction Plans to be provided for the commencement of construction of the ProjectMinimum Improvements, the Developer will deliver which shall be subject to approval by the City the Construction Plans, Construction Documents and a sworn construction cost statement certified by the Developer and the General Contractor (the “Sworn Construction Cost Statement”) all as provided in form and substance reasonably acceptable to the Citythis Section 3.2. The Construction Plans for the Project shall be consistent in conformity with the Development ProgramUrban Renewal Plan, this Agreement, and all applicable federal, State and local laws and regulations and any site plan or design drawings previously submitted to the Cityregulations. The City’s building official and the City Administrator of the City on behalf of the City shall promptly review any Construction Plans upon submission and deliver to the Developer a written statement approving approve the Construction Plans or a written statement rejecting the Construction Plans and specifying in reasonable detail the deficiencies in the Construction Plans. Approval of the Construction Plans may be withheld unlesswriting if: (i) the Construction Plans substantially conform to the terms and conditions of this Agreement; (ii) the Construction Plans are consistent with conform to the goals terms and objectives conditions of the Development Program, the TIF Plan and the Tax Abatement ProgramUrban Renewal Plan; (iii) the Construction Plans comply with any site plan or design drawings previously submitted conform to the City; and (iv) the Construction Plans do not violate any applicable federal, State or local laws, ordinances, rules or regulations. If the Construction Plans are not approved by the City, then the Developer shall make such changes as the City may reasonably require and resubmit revised Construction Plans to the City for approval. 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. The City’s approval shall not be unreasonably withheld or conditioned. Said approval. (2) No changes shall be made to the Construction Plans for the Project without the City’s prior written approval, unless the aggregate of such changes does not increase or decrease the total costs of the Project by more than 10%. No changes which materially alter (a) the Project’s site plan, (b) exterior appearance, (c) construction quality, or (d) exterior materials included in the final Design Drawings and Construction Plans shall be made without the City’s prior written consent. The approval of the City will not be unreasonably withheld, conditioned or delayed. (3) The approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City does not constitute a representation or warranty by the City that the Construction Plans or the Project comply with any applicable building code, health or safety regulation, zoning regulation, environmental law or other law or regulation, or that the Project will meet the qualifications for issuance of a certificate of occupancy, or that the Project will meet the requirements of the Developer or any other users of the Project. Approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City will not constitute a waiver of an Event of Default or of any State or City building or other code requirements that may apply. Nothing in this Agreement shall be construed to relieve the Developer of its obligations to receive any required approval of the Construction Plans from any City department and does not relieve the Developer of the obligation to comply with all applicable federal, State and local laws, ordinances, rules and regulations, and City permit requirements; (iv) the Construction Plans are adequate for purposes of this Agreement to provide for the construction of the Minimum Improvements; and (v) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Construction Plans pursuant to this Section 3.2 shall constitute approval for the purposes of this Agreement only. Approval of the Construction Plans hereunder shall not be deemed to constitute approval or waiver by the City with respect to construct any building, fire, zoning, or other ordinances or regulations of the Project in accordance therewithCity; shall not relieve Developer of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, State, and local laws, ordinances, and regulations; shall not subject the City to any liability for the Minimum Improvements as constructed; and shall not deem the Construction Plan as sufficient to serve as the basis for the issuance of a building permit if the Construction Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The site plans submitted to the building official of the City for the Development Property shall be adequate to serve as the Construction Plans for the Minimum Improvements, if such site plans are approved by the building official.

Construction Plans. (1) Prior The Developer shall cause Construction Plans to be provided for the commencement of construction of the Project, the Developer will deliver Minimum Improvements which shall be subject to the City the Construction Plans, Construction Documents and a sworn construction cost statement certified approval by the Developer and the General Contractor (the “Sworn Construction Cost Statement”) all County as provided in form and substance reasonably acceptable to the Citythis Section 3.2. The Construction Plans for the Project shall be consistent in conformity with the Development ProgramUrban Renewal Plan, this Agreement, and all applicable State and local laws and regulations and any site plan or design drawings previously submitted to the Cityregulations. The City’s building official and the City Administrator of the City on behalf of the City County shall promptly review any Construction Plans upon submission and deliver to the Developer a written statement approving approve the Construction Plans or a written statement rejecting the Construction Plans and specifying in reasonable detail the deficiencies in the Construction Plans. Approval of the Construction Plans may be withheld unlesswriting if: (ia) the Construction Plans substantially conform to the terms and conditions of this Agreement; (iib) the Construction Plans are consistent with conform to the goals terms and objectives conditions of the Development Program, the TIF Plan and the Tax Abatement ProgramUrban Renewal Plans; (iiic) the Construction Plans comply with any site plan or design drawings previously submitted conform to the City; and (iv) the Construction Plans do not violate any applicable federal, State or local laws, ordinances, rules or regulations. If the Construction Plans are not approved by the City, then the Developer shall make such changes as the City may reasonably require and resubmit revised Construction Plans to the City for approval. 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. The City’s approval shall not be unreasonably withheld or conditioned. Said approval. (2) No changes shall be made to the Construction Plans for the Project without the City’s prior written approval, unless the aggregate of such changes does not increase or decrease the total costs of the Project by more than 10%. No changes which materially alter (a) the Project’s site plan, (b) exterior appearance, (c) construction quality, or (d) exterior materials included in the final Design Drawings and Construction Plans shall be made without the City’s prior written consent. The approval of the City will not be unreasonably withheld, conditioned or delayed. (3) The approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City does not constitute a representation or warranty by the City that the Construction Plans or the Project comply with any applicable building code, health or safety regulation, zoning regulation, environmental law or other law or regulation, or that the Project will meet the qualifications for issuance of a certificate of occupancy, or that the Project will meet the requirements of the Developer or any other users of the Project. Approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City will not constitute a waiver of an Event of Default or of any State or City building or other code requirements that may apply. Nothing in this Agreement shall be construed to relieve the Developer of its obligations to receive any required approval of the Construction Plans from any City department and does not relieve the Developer of the obligation to comply with all applicable federal, State and local laws, ordinances; rules and regulation and County permit requirements; (d) the Construction Plans are adequate for purposes of this Agreement to provide for the construction of the Minimum Improvements and (e) no Event of Default under the terms of this Agreement has occurred; provided, rules however, that any such approval of the Construction Plans pursuant to this Section 3.2 shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the County with respect to any building, fire, zoning or other ordinances or regulation of the County, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Construction Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The site plans submitted to the building official of the County for the Development Property and the surrounding areas where the Minimum Improvements are to be constructed by the Developer shall be adequate to serve as the Construction Plans, if such site plans are approved by the building official. Approval of the Construction Plans by the County shall not relieve the Developer of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, State and local laws, ordinances and regulations, or nor shall approval of the Construction Plans by the County be deemed to construct constitute a waiver of any Event of Default. Approval of Construction Plans hereunder is solely for purposes of this Agreement, and shall not constitute approval for any other County purpose nor subject the Project in accordance therewithCounty to any liability for the Minimum Improvements as constructed.

Construction Plans. (1) Prior to the commencement of construction of the ProjectMinimum Improvements, the Developer will deliver to the City the Construction Plans, Construction Documents and a sworn construction cost statement certified by the Developer and the General Contractor (the “Sworn Construction Cost Statement”) all in form and substance reasonably acceptable to the City. The Construction Plans for the Project Minimum Improvements shall be consistent with the Development Program, this Agreement, and all applicable State and local laws and regulations and any site plan or design drawings previously submitted to the City. The City’s building official and the City Administrator of the City on behalf of the City shall promptly review any Construction Plans upon submission and deliver to the Developer a written statement approving the Construction Plans or a written statement rejecting the Construction Plans and specifying in reasonable detail the deficiencies in the Construction Plans. Approval of the Construction Plans may be withheld unless: (i) the Construction Plans substantially conform to the terms and conditions of this Agreement; (ii) the Construction Plans are consistent with the goals and objectives of the Development Program, Program and the TIF Plan and the Tax Abatement ProgramPlan; (iii) the Construction Plans comply with any site plan or design drawings previously submitted to the City; and (iv) the Construction Plans do not violate any applicable federal, State or local laws, ordinances, rules or regulations. If the Construction Plans are not approved by the City, then the Developer shall make such changes as the City may reasonably require and resubmit revised Construction Plans to the City for approval. 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. The City’s approval shall not be unreasonably withheld or conditioned. Said approval. (2) No changes shall be made to the Construction Plans for the Project Minimum Improvements without the City’s prior written approval, unless the aggregate of such changes does not increase or decrease the total costs of the Project Minimum Improvements by more than 10%. No changes which materially alter (a) the Project’s Minimum Improvements’ site plan, (b) exterior appearance, (c) construction quality, or (d) exterior materials included in the final Design Drawings and Construction Plans shall be made without the City’s prior written consent. The approval of the City will not be unreasonably withheld, conditioned or delayed. (3) The approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City does not constitute a representation or warranty by the City that the Construction Plans or the Project comply with any applicable building code, health or safety regulation, zoning regulation, environmental law or other law or regulation, or that the Project will meet the qualifications for issuance of a certificate of occupancy, or that the Project will meet the requirements of the Developer or any other users of the Project. Approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City will not constitute a waiver of an Event of Default or of any State or City building or other code requirements that may apply. Nothing in this Agreement shall be construed to relieve the Developer of its obligations to receive any required approval of the Construction Plans from any City department and does not relieve the Developer of the obligation to comply with applicable federal, State and local laws, ordinances, rules and regulations, or to construct the Project in accordance therewith.,

Construction Plans. (1a) Prior to the commencement of Before commencing construction of the ProjectMinimum Improvements, the Developer will deliver Redeveloper shall submit to the City Authority the Construction Plans, Construction Documents and a sworn construction cost statement certified by the Developer and the General Contractor (the “Sworn Construction Cost Statement”) all in form and substance reasonably acceptable to the City. The Construction Plans shall provide for the Project construction of the Minimum Improvements and shall be consistent in conformity with the Development Program, this Agreement, the Development Program and all applicable State and local laws and regulations and any site plan or design drawings previously submitted to the Cityregulations. The City’s building official and the City Administrator of the City on behalf of the City shall promptly review any Construction Plans upon submission and deliver to the Developer a written statement approving Authority will approve the Construction Plans or in writing (which approval shall conclusively be deemed given upon issuance by the City of a written statement rejecting building permit for the Construction Plans and specifying in reasonable detail the deficiencies in the Construction Plans. Approval of the Construction Plans may be withheld unless: Minimum Improvements) if (i) the Construction Plans substantially conform to the all terms and conditions of this Agreement; (ii) the Construction Plans are consistent with conform to the goals and objectives of the Development Program, the TIF Plan and the Tax Abatement Program; (iii) the Construction Plans comply with any site plan or design drawings previously submitted conform to the City; and (iv) the Construction Plans do not violate any all applicable federal, State or and local laws, ordinances, rules and regulations; (iv) Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Redeveloper certifies that the Redeveloper reasonably anticipates that the Construction Plans do not provide for expenditures in excess of the funds available to the Redeveloper for construction of the Minimum Improvements; and (vi) no Event of Default has occurred and remains outstanding. No approval by the Authority shall relieve the Redeveloper of the obligation to comply with the terms of this Agreement, applicable federal, State, and local laws, ordinances, rules and regulations, or regulationsto construct the Minimum Improvements in accordance therewith. No approval by the Authority shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Redeveloper in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefor based upon the criteria set forth in (i) through (vi) above, and shall be made within twenty (20) days after the date of receipt of final plans from the Redeveloper. If the Authority fails to reject any Construction Plans are not submitted to the Authority within said twenty- (20) day period, the Authority shall be deemed to have approved by such plans. If the City, then the Developer shall make such changes as the City may reasonably require and resubmit revised Authority rejects any Construction Plans in whole or in part, the Redeveloper shall submit new or corrected Construction Plans within twenty (20) days after written notification to the City for approvalRedeveloper 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 CityAuthority. The CityAuthority’s approval shall not be unreasonably withheld or conditionedwithheld. Said approvalapproval shall constitute a conclusive determination that the approved Construction Plans and the Minimum Improvements if constructed pursuant thereto comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto. The Redeveloper 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. (2b) No If the Redeveloper desires to make any material change in the Construction Plans or any component thereof after their approval by the Authority, the Redeveloper shall submit the proposed change to the Authority for its approval. For the purpose of this Section 4.2, the term “material” means changes that increase or decrease construction costs by 10% or more of the total construction costs. If the Construction Plans, as modified by the proposed material change, conform to the requirements of this Section with respect to such previously approved Construction Plans, the Authority shall approve the proposed material change and notify the Redeveloper in writing of its approval. Such material 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 Redeveloper, setting forth in detail the reasons therefor. Such rejection shall be made to within ten (10) days after receipt of the notice of such material change. The Authority’s approval of any such material change in the Construction Plans for the Project without the City’s prior written approval, unless the aggregate of such changes does not increase or decrease the total costs of the Project by more than 10%. No changes which materially alter (a) the Project’s site plan, (b) exterior appearance, (c) construction quality, or (d) exterior materials included in the final Design Drawings and Construction Plans shall be made without the City’s prior written consent. The approval of the City will not be unreasonably withheld, conditioned or delayed. (3) The . No Authority approval of the Construction Plans, or is required for any proposed amendment change to the Construction Plans, by the City does Plans that is not constitute a representation or warranty by the City that the Construction Plans or the Project comply with any applicable building code, health or safety regulation, zoning regulation, environmental law or other law or regulation, or that the Project will meet the qualifications for issuance of a certificate of occupancy, or that the Project will meet the requirements of the Developer or any other users of the Project. Approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City will not constitute a waiver of an Event of Default or of any State or City building or other code requirements that may apply. Nothing in this Agreement shall be construed to relieve the Developer of its obligations to receive any required approval of the Construction Plans from any City department and does not relieve the Developer of the obligation to comply with applicable federal, State and local laws, ordinances, rules and regulations, or to construct the Project in accordance therewithmaterial as defined herein.

Construction Plans. (1) Prior Developer shall cause Construction Plans to be developed for the commencement of construction of the ProjectAdditional Improvements, the Developer will deliver which shall be subject to approval by the City the Construction Plansas provided in this Section 4.2, Construction Documents and a sworn construction cost statement certified by the Developer and the General Contractor (the “Sworn Construction Cost Statement”) all in form and substance reasonably acceptable to the Citywhich approval shall not be unreasonably withheld, conditioned, or delayed. The Construction Plans for the Project shall be consistent in conformity with the Development ProgramUrban Renewal Plan, this Agreement, and all applicable State federal, State, and local laws and regulations and any site plan or design drawings previously submitted to the Cityregulations. The City’s building official and the City Administrator of the City on behalf of the City shall promptly review any Construction Plans upon submission and deliver to the Developer a written statement approving approve the Construction Plans or a written statement rejecting the Construction Plans and specifying in reasonable detail the deficiencies in the Construction Plans. Approval of the Construction Plans may be withheld unlesswriting if they: (ia) conform to the Construction Plans substantially terms and condition of this Agreement; (b) conform to the terms and conditions of this Agreementthe South Avenue Urban Renewal Plan; (iic) the Construction Plans are consistent with the goals and objectives of the Development Program, the TIF Plan and the Tax Abatement Program; (iii) the Construction Plans comply with any site plan or design drawings previously submitted conform to the City; and (iv) the Construction Plans do not violate any all applicable federal, State or local lawsState, ordinances, rules or regulations. If the Construction Plans are not approved by the City, then the Developer shall make such changes as the City may reasonably require and resubmit revised Construction Plans to the City for approval. 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. The City’s approval shall not be unreasonably withheld or conditioned. Said approval. (2) No changes shall be made to the Construction Plans for the Project without the City’s prior written approval, unless the aggregate of such changes does not increase or decrease the total costs of the Project by more than 10%. No changes which materially alter (a) the Project’s site plan, (b) exterior appearance, (c) construction quality, or (d) exterior materials included in the final Design Drawings and Construction Plans shall be made without the City’s prior written consent. The approval of the City will not be unreasonably withheld, conditioned or delayed. (3) The approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City does not constitute a representation or warranty by the City that the Construction Plans or the Project comply with any applicable building code, health or safety regulation, zoning regulation, environmental law or other law or regulation, or that the Project will meet the qualifications for issuance of a certificate of occupancy, or that the Project will meet the requirements of the Developer or any other users of the Project. Approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City will not constitute a waiver of an Event of Default or of any State or City building or other code requirements that may apply. Nothing in this Agreement shall be construed to relieve the Developer of its obligations to receive any required approval of the Construction Plans from any City department and does not relieve the Developer of the obligation to comply with applicable federal, State and local laws, ordinances, rules rules, and regulations; (d) shall be adequate for the purposes of this Agreement to provide for the construction of the Additional Improvements; and (e) no Event of Default under the terms of this Agreement has occurred and is continuing beyond applicable notice and cure periods; provided, however, that any such approval of the Construction Plans pursuant to this Section 4.2 shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Construction Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The site plans submitted to the building official of the City for the Development Property and the surrounding areas where the Additional Improvements are to be constructed shall be adequate to serve as the Construction Plans for the Additional Improvements, if such site plans are approved by the building official. Approval of the Construction Plans by City shall not relieve the Developer of any obligation to comply with the remaining terms and provisions of this Agreement, or the provisions of applicable federal, State, and local laws, ordinances, and regulations, nor shall approval of the Construction Plans by the City be deemed to constitute a waiver of any Event of Default. Approval of Construction Plans hereunder is solely for purposes of this Agreement and shall not constitute approval for any other City purpose or subject the City to construct any liability for the Project in accordance therewithAdditional Improvements as constructed. ▇▇▇▇▇▇▇▇▇ agrees that it shall permit designated representatives of the City, upon reasonable notice (which does not have to be written), to enter upon the Development Property during the construction of the Additional Improvements to inspect such construction and the progress thereof, subject to Developer’s rules and regulations for the construction site.

Construction Plans. S & B Realty agrees to cause, and shall cause ▇▇▇▇ Theatres to comply with this Section 4.2. (1) a). Prior to the commencement of commencing construction of the ProjectMinimum Improvements, the Developer will deliver ▇▇▇▇ Theatres shall submit to the City the EDA and S & B Realty completed Construction Plans, Construction Documents and a sworn construction cost statement certified by the Developer and the General Contractor (the “Sworn Construction Cost Statement”) all in form and substance reasonably acceptable to the City. The Construction Plans shall provide for the Project construction of the Minimum Improvements and shall be consistent in conformance with the Development Program, this Agreement, Agreement and all applicable State and local laws and regulations and any site plan or design drawings previously shall be submitted to the CityEDA in a digital format. The City’s building official and No approval by the City Administrator EDA shall relieve ▇▇▇▇ Theatres of the City on behalf of the City shall promptly review any Construction Plans upon submission and deliver obligation to the Developer a written statement approving the Construction Plans or a written statement rejecting the Construction Plans and specifying in reasonable detail the deficiencies in the Construction Plans. Approval of the Construction Plans may be withheld unless: (i) the Construction Plans substantially conform to comply with the terms and conditions of this Agreement; (ii) the Construction Plans are consistent with the goals and objectives of the Development Program, the TIF Plan and the Tax Abatement Program; (iii) the Construction Plans comply with any site plan or design drawings previously submitted to the City; and (iv) the Construction Plans do not violate any applicable federal, State or and local laws, ordinances, rules and regulations, or regulationsto construct the Minimum Improvements in accordance therewith. No approval by the EDA or S & B Realty shall constitute a waiver of an Event of Default or waiver of any State or City building or other code requirements that may apply and no approval by S & B Realty shall constitute a waiver of a Loan Event of Default If approval of the Construction Plans is requested by ▇▇▇▇ Theatres in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the EDA, in whole or in part within the time period stated in the next sentence. Such rejections shall set forth in detail the reasons therefor, and shall be made within 30 days after the date of their receipt by the EDA or S & B Realty. If the EDA or S & B Realty rejects any Construction Plans are not approved by the Cityin whole or in part, then the Developer ▇▇▇▇ Theatres shall make such changes as the City may reasonably require and resubmit revised submit new or corrected Construction Plans within 10 days after written notification to ▇▇▇▇ Theatres of the City for approvalrejection. 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. EDA and S & B Realty The CityEDA's approval and S & B Realty’s approval shall not be unreasonably withheld or conditionedwithheld. Said approval. approval shall constitute a conclusive determination that the Construction Plans (2and the Minimum Improvements, constructed in accordance with said plans) No comply to the EDA's satisfaction and S & B Realty's satisfaction with the provisions of this Agreement relating thereto but any approvals by the EDA hereunder will not constitute approval by any City officials regarding any City requirement related to construction of the Minimum Improvements. ▇▇▇▇ Theatres hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the EDA or S & B Realty and/or any changes in the Construction Plans requested by the EDA or S & B Realty, provided the EDA shall be made bound by its approval and S & B Realty by its approval, of the Construction Plans under the preceding paragraph. Neither the EDA, the City, nor any employee or official of the EDA or 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 for the Project without the City’s prior written approval, unless the aggregate of such including changes does not increase or decrease the total costs of the Project by more than 10%. No changes which materially alter (a) the Project’s site plan, (b) exterior appearance, (c) construction quality, or (d) exterior materials included in the final Design Drawings and Construction Plans shall be made without the City’s prior written consent. The approval of the City will not be unreasonably withheld, conditioned or delayed. (3) The approval of the Construction Plans, or any proposed amendment to the Construction Plans, requested by the City does not constitute a representation or warranty by the City that the Construction Plans or the Project comply with any applicable building code, health or safety regulation, zoning regulation, environmental law or other law or regulation, or that the Project will meet the qualifications for issuance of a certificate of occupancy, or that the Project will meet the requirements of the Developer or any other users of the Project. Approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City will not constitute a waiver of an Event of Default or of any State or City building or other code requirements that may apply. Nothing in this Agreement shall be construed to relieve the Developer of its obligations to receive any required approval of the Construction Plans from any City department and does not relieve the Developer of the obligation to comply with applicable federal, State and local laws, ordinances, rules and regulations, or to construct the Project in accordance therewithEDA.

Construction Plans. (1) Prior The Developer shall cause Construction Plans to be provided for the commencement of construction of the Project, the Developer will deliver Public Improvements which shall be subject to approval by the City the Construction Plans, Construction Documents and a sworn construction cost statement certified by the Developer and the General Contractor (the “Sworn Construction Cost Statement”) all as provided in form and substance reasonably acceptable to the Citythis Section 3.2. The Construction Plans for the Project shall be consistent in conformity with the Development ProgramUrban Renewal Plan, this Agreement, and all applicable State and local laws and regulations and any site plan or design drawings previously submitted to the Cityregulations. The City’s building official and the City Administrator of the City on behalf of the City shall promptly review any Construction Plans upon submission and deliver to the Developer a written statement approving approve the Construction Plans or a written statement rejecting the Construction Plans and specifying in reasonable detail the deficiencies in the Construction Plans. Approval of the Construction Plans may be withheld unlesswriting if: (ia) the Construction Plans substantially conform to the terms and conditions of this Agreement; (iib) the Construction Plans are consistent with conform to the goals terms and objectives conditions of the Development Program, the TIF Plan and the Tax Abatement ProgramUrban Renewal Plan; (iiic) the Construction Plans comply with any site plan or design drawings previously submitted conform to the City; and (iv) the Construction Plans do not violate any applicable federal, State or local laws, ordinances, rules or regulations. If the Construction Plans are not approved by the City, then the Developer shall make such changes as the City may reasonably require and resubmit revised Construction Plans to the City for approval. 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. The City’s approval shall not be unreasonably withheld or conditioned. Said approval. (2) No changes shall be made to the Construction Plans for the Project without the City’s prior written approval, unless the aggregate of such changes does not increase or decrease the total costs of the Project by more than 10%. No changes which materially alter (a) the Project’s site plan, (b) exterior appearance, (c) construction quality, or (d) exterior materials included in the final Design Drawings and Construction Plans shall be made without the City’s prior written consent. The approval of the City will not be unreasonably withheld, conditioned or delayed. (3) The approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City does not constitute a representation or warranty by the City that the Construction Plans or the Project comply with any applicable building code, health or safety regulation, zoning regulation, environmental law or other law or regulation, or that the Project will meet the qualifications for issuance of a certificate of occupancy, or that the Project will meet the requirements of the Developer or any other users of the Project. Approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City will not constitute a waiver of an Event of Default or of any State or City building or other code requirements that may apply. Nothing in this Agreement shall be construed to relieve the Developer of its obligations to receive any required approval of the Construction Plans from any City department and does not relieve the Developer of the obligation to comply with all applicable federal, State and local laws, ordinances, rules and regulations and City permit requirements; (d) the Construction Plans are adequate for purposes of this Agreement to provide for the construction of the Public Improvements; and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Construction Plans pursuant to this Section 3.2 shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Construction Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The site plans submitted to the building official of the City for the Development Property and the surrounding areas where the Public Improvements are to be constructed by the Developer shall be adequate to serve as the Construction Plans, if such site plans are approved by the building official. Approval of the Construction Plans by the City shall not relieve the Developer of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, State and local laws, ordinances and regulations, nor shall approval of the Construction Plans by the City be deemed to constitute a waiver of any Event of Default. Approval of Construction Plans hereunder is solely for purposes of this Agreement, and shall not constitute approval for any other City purpose nor subject the City to any liability for the Minimum Improvements or Public Improvements as constructed. Execution Version All topsoil on or from the Development Property shall be retained on the Development Property. If disturbed or temporarily removed for purposes of excavation or grading for the Public Improvements, topsoil shall be stored on site and replaced when excavation or grading is completed, subject to construct review and approval by the Project in accordance therewithCity Engineer and shall be approved by the City Engineer prior to acceptance of the Public Improvements by the City. In the case of excavation or grading of residential or other lots, the topsoil shall be stored on site and replaced when excavation or grading is completed, subject to the review and approval of the City Building Inspector and shall be approved by the City Building Inspector prior to issuance of an occupancy permit. The intent of this requirement is to help insure that plantings of lawns are healthy and sustainable so as to avoid excess stormwater erosion and silting and reduce the addition of pollutants to our streams, creeks and rivers.

Construction Plans. (1) Prior Developer shall cause Construction Plans to be provided for the commencement of construction of the ProjectMinimum Improvements, the Developer will deliver which shall be subject to approval by the City the Construction Plans, Construction Documents and a sworn construction cost statement certified by the Developer and the General Contractor (the “Sworn Construction Cost Statement”) all in form and substance reasonably acceptable to the City. as follows: The Construction Plans for the Project shall be consistent with the Development Program, this Agreement, and all applicable State and local laws and regulations and any site plan or design drawings previously submitted to the City. The City’s building official and the City Administrator of the City on behalf of the City shall promptly review any Construction Plans upon submission and deliver to the Developer a written statement approving approve the Construction Plans or a written statement rejecting the Construction Plans and specifying in reasonable detail the deficiencies in the Construction Plans. Approval of the Construction Plans may be withheld unlesswriting if: (i) the Construction Plans substantially conform to the terms and conditions of this Agreement; (ii) the Construction Plans are consistent with conform to the goals terms and objectives conditions of the Development Program, the TIF Plan and the Tax Abatement ProgramUrban Renewal Plan; (iii) the Construction Plans comply with any site plan or design drawings previously submitted conform to the Cityall applicable federal, State, and local laws, ordinances, rules, and regulations, and City permit requirements; and (iv) the Construction Plans do not violate any applicable federal, State or local laws, ordinances, rules or regulations. If the Construction Plans are not approved by the City, then the Developer shall make such changes as the City may reasonably require and resubmit revised Construction Plans to the City adequate for approval. The provisions purposes of this Section relating Agreement to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the City. The City’s approval shall not be unreasonably withheld or conditioned. Said approval. (2) No changes shall be made to the Construction Plans provide for the Project without the City’s prior written approval, unless the aggregate of such changes does not increase or decrease the total costs construction of the Project by more than 10%. No changes which materially alter Minimum Improvements; and (av) no Event of Default under the Project’s site planterms of this Agreement has occurred; provided, (b) exterior appearancehowever, (c) construction quality, or (d) exterior materials included in the final Design Drawings and Construction Plans shall be made without the City’s prior written consent. The approval of the that any such City will not be unreasonably withheld, conditioned or delayed. (3) The approval of the Construction Plans, or any proposed amendment Plans pursuant to this Section 3.4 shall constitute approval for the Construction Plans, by the City does not constitute a representation or warranty by the City that the Construction Plans or the Project comply with any applicable building code, health or safety regulation, zoning regulation, environmental law or other law or regulation, or that the Project will meet the qualifications for issuance purposes of a certificate of occupancy, or that the Project will meet the requirements of the Developer or any other users of the Projectthis Agreement only. Approval of the Construction Plans, Plans hereunder shall not be deemed to constitute approval or any proposed amendment to the Construction Plans, waiver by the City will with respect to any building, fire, zoning, or other ordinances or regulations of the City; shall not constitute a waiver of an Event of Default or relieve Developer of any State or City building or other code requirements that may apply. Nothing in this Agreement shall be construed to relieve the Developer of its obligations to receive any required approval of the Construction Plans from any City department and does not relieve the Developer of the obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, State State, and local laws, ordinances, rules and regulations, ; shall not subject the City to any liability for the Minimum Improvements as constructed; and shall not deem the Construction Plan as sufficient to serve as the basis for the issuance of a building permit if the Construction Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The site plans submitted to construct the Project in accordance therewithbuilding official of the City for the Development Property shall be adequate to serve as the Construction Plans for the Minimum Improvements if such site plans are approved by the building official.

Construction Plans. (1a) Prior to Before the commencement EDA makes any disbursements of construction of the ProjectLoan proceeds under Article III, the Developer will deliver Association shall submit the Construction Plans to the City Building Official, who shall review such plans on behalf of the Construction Plans, Construction Documents and a sworn construction cost statement certified by the Developer and the General Contractor (the “Sworn Construction Cost Statement”) all in form and substance reasonably acceptable to the CityEDA. The Construction Plans shall provide for the Project construction of the Housing Improvements and shall be consistent in conformity with the Development Program, this Agreement, and all applicable State and local laws and regulations and any site plan or design drawings previously submitted to the Cityregulations. The City’s building official and the City Administrator of the City on behalf of the City shall promptly review any Construction Plans upon submission and deliver to the Developer a written statement approving Building Official will approve the Construction Plans or a written statement rejecting the Construction Plans and specifying in reasonable detail the deficiencies in the Construction Plans. Approval of the Construction Plans may be withheld unlesswriting if: (i) the Construction Plans substantially conform to the terms and conditions of this Agreement; (ii) the Construction Plans are consistent with the goals conform to all applicable federal, state and objectives of the Development Programlocal laws, the TIF Plan ordinances, rules and the Tax Abatement Programregulations; (iii) the Construction Plans comply with any site plan or design drawings previously submitted are adequate to provide for construction of the CityHousing Improvements; and (iv) no Event of Default has occurred. No approval by the Construction Plans do not violate any City Building Official shall relieve the Association of the obligation to comply with the terms of this Agreement, applicable federal, State or state, and local laws, ordinances, rules and regulations, or regulationsto construct the Housing Improvements in accordance therewith. No approval by the City Building Official shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Association in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the City Building Official, in whole or in part. Such rejections shall set forth in detail the reasons therefore and shall be made within 30 days after the date of their receipt by the City Building Official. If the City Building Official rejects any Construction Plans are not approved by in whole or in part, the City, then the Developer Association shall make such changes as the City may reasonably require and resubmit revised submit new or corrected Construction Plans within 30 days after written notification to the City for approvalAssociation 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 CityCity Building Official. The CityCity Building Official’s approval shall not be unreasonably withheld or conditionedwithheld. Said approvalapproval shall constitute a conclusive determination that the Construction Plans (and the Housing Improvements, constructed in accordance with said plans) comply to the City Building Official’s satisfaction with the provisions of this Agreement relating thereto. (2b) No changes If the Association desires to make any material change in the Construction Plans after their approval by the City Building Official, the Association shall submit the proposed change to the City Building Official for 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 City Building Official shall approve the proposed change and notify the Association in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the City Building Official unless rejected, in whole or in part, by written notice by the City Building Official to the Association, setting forth in detail the reasons therefor. Such rejection shall be made to within 10 days after receipt of the notice of such change. The City Building Official’s approval of any such change in the Construction Plans for the Project without the City’s prior written approval, unless the aggregate of such changes does not increase or decrease the total costs of the Project by more than 10%. No changes which materially alter (a) the Project’s site plan, (b) exterior appearance, (c) construction quality, or (d) exterior materials included in the final Design Drawings and Construction Plans shall be made without the City’s prior written consent. The approval of the City will not be unreasonably withheld, conditioned or delayed. (3) The approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City does not constitute a representation or warranty by the City that the Construction Plans or the Project comply with any applicable building code, health or safety regulation, zoning regulation, environmental law or other law or regulation, or that the Project will meet the qualifications for issuance of a certificate of occupancy, or that the Project will meet the requirements of the Developer or any other users of the Project. Approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City will not constitute a waiver of an Event of Default or of any State or City building or other code requirements that may apply. Nothing in this Agreement shall be construed to relieve the Developer of its obligations to receive any required approval of the Construction Plans from any City department and does not relieve the Developer of the obligation to comply with applicable federal, State and local laws, ordinances, rules and regulations, or to construct the Project in accordance therewith.

Construction Plans. (1) Prior Developer shall cause Construction Plans to be developed for the commencement of construction of the ProjectMinimum Improvements, the Developer will deliver which shall be subject to approval by the City the Construction Plansas provided in this Section 3.2, Construction Documents and a sworn construction cost statement certified by the Developer and the General Contractor (the “Sworn Construction Cost Statement”) all in form and substance reasonably acceptable to the Citywhich approval shall not be unreasonably withheld, conditioned, or delayed. The Construction Plans for the Project shall be consistent in conformity with the Development ProgramUrban Renewal Plan, this Agreement, and all applicable State federal, State, and local laws and regulations and any site plan or design drawings previously submitted to the Cityregulations. The City’s building official and the City Administrator of the City on behalf of the City shall promptly review any Construction Plans upon submission and deliver to the Developer a written statement approving approve the Construction Plans or a written statement rejecting the Construction Plans and specifying in reasonable detail the deficiencies in the Construction Plans. Approval of the Construction Plans may be withheld unlesswriting if they: (ia) conform to the Construction Plans substantially terms and condition of this Agreement; (b) conform to the terms and conditions of this Agreementthe Valley View North Urban Renewal Plan; (iic) the Construction Plans are consistent with the goals and objectives of the Development Program, the TIF Plan and the Tax Abatement Program; (iii) the Construction Plans comply with any site plan or design drawings previously submitted conform to the City; and (iv) the Construction Plans do not violate any all applicable federal, State or local lawsState, ordinances, rules or regulations. If the Construction Plans are not approved by the City, then the Developer shall make such changes as the City may reasonably require and resubmit revised Construction Plans to the City for approval. 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. The City’s approval shall not be unreasonably withheld or conditioned. Said approval. (2) No changes shall be made to the Construction Plans for the Project without the City’s prior written approval, unless the aggregate of such changes does not increase or decrease the total costs of the Project by more than 10%. No changes which materially alter (a) the Project’s site plan, (b) exterior appearance, (c) construction quality, or (d) exterior materials included in the final Design Drawings and Construction Plans shall be made without the City’s prior written consent. The approval of the City will not be unreasonably withheld, conditioned or delayed. (3) The approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City does not constitute a representation or warranty by the City that the Construction Plans or the Project comply with any applicable building code, health or safety regulation, zoning regulation, environmental law or other law or regulation, or that the Project will meet the qualifications for issuance of a certificate of occupancy, or that the Project will meet the requirements of the Developer or any other users of the Project. Approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City will not constitute a waiver of an Event of Default or of any State or City building or other code requirements that may apply. Nothing in this Agreement shall be construed to relieve the Developer of its obligations to receive any required approval of the Construction Plans from any City department and does not relieve the Developer of the obligation to comply with applicable federal, State and local laws, ordinances, rules rules, and regulations; (d) shall be adequate for the purposes of this Agreement to provide for the construction of the Minimum Improvements; and (e) no Event of Default under the terms of this Agreement has occurred and is continuing beyond applicable notice and cure periods; provided, however, that any such approval of the Construction Plans pursuant to this Section 3.2 shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Construction Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The site plans submitted to the building official of the City for the Development Property and the surrounding areas where the Minimum Improvements are to be constructed shall be adequate to serve as the Construction Plans for the Minimum Improvements, if such site plans are approved by the building official. Approval of the Construction Plans by City shall not relieve the Developer of any obligation to comply with the remaining terms and provisions of this Agreement, or the provisions of applicable federal, State, and local laws, ordinances, and regulations, nor shall approval of the Construction Plans by the City be deemed to constitute a waiver of any Event of Default. Approval of Construction Plans hereunder is solely for purposes of this Agreement and shall not constitute approval for any other City purpose or subject the City to construct any liability for the Project in accordance therewithMinimum Improvements as constructed.

Construction Plans. (1) Prior Developer shall cause Construction Plans to be provided for the commencement of construction of the ProjectMinimum Improvements, the Developer will deliver which shall be subject to the City the Construction Plans, Construction Documents and a sworn construction cost statement certified approval by the Developer and the General Contractor (the “Sworn Construction Cost Statement”) all County as provided in form and substance reasonably acceptable to the Citythis Section 3.2. The Construction Plans for the Project shall be consistent in conformity with the Development ProgramUrban Renewal Plan, this Agreement, and all applicable State federal, State, and local laws and regulations and any site plan or design drawings previously submitted to the Cityregulations. The City’s building official and the City Administrator of the City on behalf of the City County shall promptly review any Construction Plans upon submission and deliver to the Developer a written statement approving approve the Construction Plans or a written statement rejecting the Construction Plans and specifying in reasonable detail the deficiencies in the Construction Plans. Approval of the Construction Plans may be withheld unlesswriting if: (i) the Construction Plans substantially conform to the terms and conditions of this Agreement; (ii) the Construction Plans are consistent with conform to the goals terms and objectives conditions of the Development Program, the TIF Plan and the Tax Abatement ProgramUrban Renewal Plan; (iii) the Construction Plans comply with any site plan or design drawings previously submitted conform to the Cityall applicable federal, State, and local laws, ordinances, rules, and regulations, and County permit requirements; and (iv) the Construction Plans do are adequate for purposes of this Agreement to provide for the construction of the Minimum Improvements; and (v) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Construction Plans pursuant to this Section 3.2 shall constitute approval for the purposes of this Agreement only and shall not violate be deemed to constitute approval or waiver by the County with respect to any applicable federalbuilding, State fire, zoning, or local lawsother ordinances or regulations of the County, ordinances, rules or regulations. If and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Construction Plans are not approved by the City, then the Developer shall make such changes as detailed or complete as the City may reasonably require and resubmit revised Construction Plans plans otherwise required for the issuance of a building permit. The site plans submitted to the City building official of the County for approval. The provisions of this Section relating the Development Property and the surrounding areas where the Minimum Improvements are to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the City. The City’s approval shall not be unreasonably withheld or conditioned. Said approval. (2) No changes constructed shall be made adequate to the Construction Plans for the Project without the City’s prior written approval, unless the aggregate of such changes does not increase or decrease the total costs of the Project by more than 10%. No changes which materially alter (a) the Project’s site plan, (b) exterior appearance, (c) construction quality, or (d) exterior materials included in the final Design Drawings and Construction Plans shall be made without the City’s prior written consent. The approval of the City will not be unreasonably withheld, conditioned or delayed. (3) The approval of serve as the Construction Plans, or any proposed amendment to the Construction Plans, if such site plans are approved by the City does not constitute a representation or warranty by the City that the Construction Plans or the Project comply with any applicable building code, health or safety regulation, zoning regulation, environmental law or other law or regulation, or that the Project will meet the qualifications for issuance of a certificate of occupancy, or that the Project will meet the requirements of the Developer or any other users of the Projectofficial. Approval of the Construction Plans, or any proposed amendment to the Construction Plans, Plans by the City will not constitute a waiver of an Event of Default or of any State or City building or other code requirements that may apply. Nothing in this Agreement County shall be construed to relieve the Developer of its obligations to receive any required approval of the Construction Plans from any City department and does not relieve the Developer of the any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, State State, and local laws, ordinances, rules and regulations, or nor shall approval of the Construction Plans by the County be deemed to construct constitute a waiver of any Event of Default. DRAFT Approval of Construction Plans hereunder is solely for purposes of this Agreement, and shall not constitute approval for any other County purpose nor subject the Project in accordance therewith.County to any liability for the Minimum Improvements as constructed. 8-1-2016

Construction Plans. (1) Prior to the commencement of construction of the Project, the Developer will deliver to the City Authority the Construction Plans, Construction Documents and a sworn construction cost statement certified by the Developer and the General Contractor (the “Sworn Construction Cost Statement”) all in form and substance reasonably acceptable to the CityAuthority. The Construction Plans for the Project shall be consistent with the Development ProgramProject Plan, this Agreement, and all applicable State and local laws and regulations and any site plan or design drawings the Site Plan and Design Drawings previously submitted to the CityAuthority. The CityCity ’s building official and the City Administrator Executive Director of the City Authority, on behalf of the City Authority shall promptly review any Construction Plans upon submission and deliver to the Developer a written statement approving the Construction Plans or a written statement rejecting the Construction Plans and specifying in reasonable detail the deficiencies in the Construction Plans. Approval The City’s building official and the Executive Director of the Authority on behalf of the Authority shall approve the Construction Plans may be withheld unlessif: (i) the Construction Plans substantially conform to the terms and conditions of this Agreement; (ii) the Construction Plans are consistent with the goals and objectives of the Development Program, the TIF Plan and the Tax Abatement ProgramProject Plan; (iii) the Construction Plans comply with any site plan or design drawings previously submitted to the CitySite Plan and Design Drawings; and (iv) the Construction Plans do not violate any applicable federal, State or local laws, ordinances, rules or regulations. If the Construction Plans are not approved by the CityAuthority, then the Developer shall make such changes as the City Authority may reasonably require and resubmit revised the Construction Plans to the City Authority for approval. 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. The City’s approval shall not be unreasonably withheld or conditioned. Said approval. (2) No changes shall be made to the Construction Plans for the Project without the City’s prior written approval, unless the aggregate of such changes does not increase or decrease the total costs of the Project by more than 10%. No changes which materially alter (a) the Project’s site plan, (b) exterior appearance, (c) construction quality, or (d) exterior materials included in the final Design Drawings and Construction Plans shall be made without the City’s prior written consent. The approval of the City will not be unreasonably withheld, unreasonably conditioned or unreasonably delayed. The Authority acknowledges that upon execution of this Agreement the Developer will have submitted Construction Plans sufficient to obtain a grading permit for the Project. (32) The approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City Authority does not constitute a representation or warranty by the City Authority that the Construction Plans or the Project comply with any applicable building code, health or safety regulation, zoning regulation, environmental law or other law or regulation, or that the Project will meet the qualifications for issuance of a certificate of occupancy, or that the Project will meet the requirements of the Developer or any other users of the Project. Approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City Authority will not constitute a waiver of an Event of Default or of any State or City building or other code requirements that may applyDefault. Nothing in this Agreement shall be construed to relieve the Developer of its obligations to receive any required approval of the Construction Plans from any City department and does not relieve the Developer of the obligation to comply with applicable federal, State and local laws, ordinances, rules and regulations, or to construct the Project in accordance therewithdepartment.

Construction Plans. (1) Prior to the commencement of construction A preliminary description and depictions of the Project, the Developer will deliver to the City Minimum Improvements are provided in Exhibit A and Exhibit A-1 attached hereto. Upon City’s approval of the Construction Plans, as provided below, such approved Construction Documents Plans shall automatically replace and a sworn construction cost statement certified supersede the preliminary description and depictions set forth in Exhibit A and Exhibit A-1. Owner shall cause Construction Plans to be provided for the Minimum Improvements, which shall be subject to approval by the Developer and the General Contractor (the “Sworn Construction Cost Statement”) all City as provided in form and substance reasonably acceptable to the Citythis Section 4.2. The Construction Plans for the Project shall be consistent in conformity with the Development Program, this Agreement, and all applicable State and local laws and regulations and any site plan or design drawings previously submitted to the Cityregulations. The CityWithin thirty (30) days of Owner’s building official and the City Administrator of the City on behalf of the City shall promptly review any Construction Plans upon submission and deliver to the Developer a written statement approving the Construction Plans or a written statement rejecting the Construction Plans and specifying in reasonable detail the deficiencies in the Construction Plans. Approval provision of the Construction Plans may be withheld unlessto City, City shall approve the Construction Plans in writing if: (i) the Construction Plans substantially conform to the terms and conditions of this Agreement; (ii) the Construction Plans are consistent with the goals and objectives of the Development Program, the TIF Plan and the Tax Abatement Program; (iii) the Construction Plans comply with any site plan or design drawings previously submitted conform to the City; and (iv) the Construction Plans do not violate any applicable federal, State or local laws, ordinances, rules or regulations. If the Construction Plans are not approved by the City, then the Developer shall make such changes as the City may reasonably require and resubmit revised Construction Plans to the City for approval. 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. The City’s approval shall not be unreasonably withheld or conditioned. Said approval. (2) No changes shall be made to the Construction Plans for the Project without the City’s prior written approval, unless the aggregate of such changes does not increase or decrease the total costs of the Project by more than 10%. No changes which materially alter (a) the Project’s site plan, (b) exterior appearance, (c) construction quality, or (d) exterior materials included in the final Design Drawings and Construction Plans shall be made without the City’s prior written consent. The approval of the City will not be unreasonably withheld, conditioned or delayed. (3) The approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City does not constitute a representation or warranty by the City that the Construction Plans or the Project comply with any applicable building code, health or safety regulation, zoning regulation, environmental law or other law or regulation, or that the Project will meet the qualifications for issuance of a certificate of occupancy, or that the Project will meet the requirements of the Developer or any other users of the Project. Approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City will not constitute a waiver of an Event of Default or of any State or City building or other code requirements that may apply. Nothing in this Agreement shall be construed to relieve the Developer of its obligations to receive any required approval of the Construction Plans from any City department and does not relieve the Developer of the obligation to comply with all applicable federal, State and local laws, ordinances, rules and regulations, and City permit requirements; (iii) the Construction Plans are adequate for purposes of this Agreement to provide for the construction of the Minimum Improvements; and (iv) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Construction Plans pursuant to this Section 4.2 shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by City with respect to construct any building, fire, zoning or other ordinances or regulations of City, and shall not be deemed to be sufficient plans to serve as the Project basis for the issuance of a building permit if the Construction Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The site plans submitted to the building official of City for the Development Property and the surrounding areas where the Minimum Improvements are to be constructed shall be adequate to serve as the Construction Plans, if such site plans are approved by the building official. If City does not approve of the Construction Plans, City shall, within thirty (30) days of City’s receipt of the Construction Plans, provide Owner with written notice of City’s non-acceptance, and such notice shall detail all reasons for City’s non-acceptance. Upon receipt of City’s written notice of non-acceptance, Owner shall revise the Construction Plans in accordance therewithwith City’s comments and resubmit revised Construction Plans to City, and the approval process for the Construction Plans detailed in this Section 4.2 shall begin anew. Following the City’s approval of the Construction Plans, Owner may alter the Construction Plans via submission of an amendment to the City; and such amendment shall be subject to the same approval process by the City as outlined for the Construction Plans, above. Upon approval of an amendment to the Construction Plans, such amendment shall automatically be incorporated as part of the preliminary description and depictions set forth in Exhibit A and Exhibit A-1, and to the extent such amendment conflicts with the previously approved Construction Plans, or portions thereof, shall replace and supersede the same. Approval of the Construction Plans by City shall not relieve any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, State and local laws, ordinances and regulations, nor shall approval of the Construction Plans by City be deemed to constitute a waiver of any Event of Default. Approval of Construction Plans hereunder is solely for purposes of this Agreement, and shall not constitute approval for any other City purpose nor subject City to any liability for the Minimum Improvements as constructed.

Construction Plans. (1) Prior a. The Developer shall cause Construction Plans to be provided for the commencement of construction of the Project, the Developer will deliver Minimum Improvements which shall be subject to approval by the City the Construction Plans, Construction Documents and a sworn construction cost statement certified by the Developer and the General Contractor (the “Sworn Construction Cost Statement”) all as provided in form and substance reasonably acceptable to the Citythis Section 6.2. The Construction Plans for the Project shall be consistent in conformity with the Development ProgramUrban Renewal Plan, this Agreement, and all applicable State federal, State, and local laws and regulations and any site plan or design drawings previously submitted to the City. regulations. b. The City’s building official and the City Administrator of the City on behalf of the City shall promptly review any Construction Plans upon submission and deliver to the Developer a written statement approving approve the Construction Plans or a written statement rejecting the Construction Plans and specifying in reasonable detail the deficiencies in the Construction Plans. Approval of the Construction Plans may be withheld unlesswriting if: (ia) the Construction Plans substantially conform to the terms and conditions of this Agreement; (iib) the Construction Plans are consistent with conform to the goals terms and objectives conditions of the Development Program, the TIF Plan and the Tax Abatement ProgramUrban Renewal Plan; (iiic) the Construction Plans comply with any site plan or design drawings previously submitted conform to the City; and (iv) the Construction Plans do not violate any all applicable federal, State or local lawsState, ordinances, rules or regulations. If the Construction Plans are not approved by the City, then the Developer shall make such changes as the City may reasonably require and resubmit revised Construction Plans to the City for approval. 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. The City’s approval shall not be unreasonably withheld or conditioned. Said approval. (2) No changes shall be made to the Construction Plans for the Project without the City’s prior written approval, unless the aggregate of such changes does not increase or decrease the total costs of the Project by more than 10%. No changes which materially alter (a) the Project’s site plan, (b) exterior appearance, (c) construction quality, or (d) exterior materials included in the final Design Drawings and Construction Plans shall be made without the City’s prior written consent. The approval of the City will not be unreasonably withheld, conditioned or delayed. (3) The approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City does not constitute a representation or warranty by the City that the Construction Plans or the Project comply with any applicable building code, health or safety regulation, zoning regulation, environmental law or other law or regulation, or that the Project will meet the qualifications for issuance of a certificate of occupancy, or that the Project will meet the requirements of the Developer or any other users of the Project. Approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City will not constitute a waiver of an Event of Default or of any State or City building or other code requirements that may apply. Nothing in this Agreement shall be construed to relieve the Developer of its obligations to receive any required approval of the Construction Plans from any City department and does not relieve the Developer of the obligation to comply with applicable federal, State and local laws, ordinances, rules rules, and regulations and City permit requirements; (d) the Construction Plans are adequate for purposes of this Agreement to provide for the construction of the Minimum Improvements; and (e) no Event of Default under the terms of this Agreement has occurred. c. Notwithstanding the forgoing, any such approval of the Construction Plans pursuant to this Section 6.2 shall constitute approval for the purposes of this Agreement only and shall not: (a) be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning, or other ordinances or regulations of the City, or with respect to any other City purpose; (b) be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Construction Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit; (c) relieve the Developer of any obligation to comply with the terms and provisions of this Agreement, the State Agreement, or any provision of applicable federal, State, and local laws, ordinances, and regulations, ; (d) be deemed to constitute a waiver of any Event of Default; or (e) subject the City to construct any liability for the Project Minimum Improvements as constructed. d. All work with respect to the Minimum Improvements to be constructed or provided by the Developer shall be in accordance therewithconformity with the Construction Plans and other plans approved by the building official or any amendments thereto as may be approved by the building official.

Construction Plans. (1) Prior to the commencement of construction of the Project, the Developer will deliver to the City the Construction Plans, Construction Documents and a sworn construction cost statement certified by the Developer and the General Contractor (the “Sworn Construction Cost Statement”) all in form and substance reasonably acceptable to the City. The Construction Plans for the Project shall be consistent with the Development Program, this Agreement, and all applicable State and local laws and regulations and any site plan or design drawings the Site Plan and Design Drawings previously submitted to the City. The City’s building official and the City Administrator of the City Manager, on behalf of the City shall promptly review any Construction Plans upon submission and deliver to the Developer a written statement approving the Construction Plans or a written statement rejecting the Construction Plans and specifying in reasonable detail the deficiencies in the Construction Plans. Approval The City’s building official and the City Manager on behalf of the City shall approve the Construction Plans may be withheld unlessif: (i) the Construction Plans substantially conform to the terms and conditions of this Agreement; (ii) the Construction Plans are consistent with the goals and objectives of the Development Program, Program and the TIF Plan and the Tax Abatement ProgramPlan; (iii) the Construction Plans comply with any site plan or design drawings previously submitted to the CitySite Plan and Design Drawings; and (iv) the Construction Plans do not violate any applicable federal, State or local laws, ordinances, rules or regulations. If the Construction Plans are not approved by the City, then the Developer shall make such changes as the City may reasonably require and resubmit revised the Construction Plans to the City for approval, which will not be unreasonably withheld, unreasonably conditioned or unreasonably delayed. The provisions If the City has not rejected the Construction Plans in writing within 60 calendar days of this Section relating to approvalsubmission, rejection and resubmission of corrected such Construction Plans shall continue to apply until automatically be deemed approved by the City but only if the Construction Plans have been approved by provided to the City. The City’s approval shall not be unreasonably withheld or conditioned. Said approvalCity are complete and final and meet all requirements necessary for the City to issue a building permit. (2) No changes shall be made to the Construction Plans for the Project without the City’s prior written approval, unless the aggregate of such changes does do not increase or decrease the total costs of the Project Total Development Costs by more than 10%. No changes which materially alter (a) the Project’s site plan, (b) exterior appearance, (c) construction quality, or (d) exterior materials included in the final Design Drawings and Construction Plans shall be made without the City’s prior written consent. The approval of the City will not be unreasonably withheld, conditioned or delayed. If an amendment or prior written approval from the City is necessary with respect to a change in the Construction Plans, if the City has not rejected such amendment in writing within 60 calendar days of submission of such amendment, the amendment to Construction Plans shall automatically be deemed approved by the City but only if such amendment provided to the City is complete and final and meets all requirements necessary for the City to issue a building permit or determine compliance with an applicable building permit. (3) The approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City does not constitute a representation or warranty by the City that the Construction Plans or the Project comply with any applicable building code, health or safety regulation, zoning regulation, environmental law or other law or regulation, or that the Project will meet the qualifications for issuance of a certificate of occupancy, or that the Project will meet the requirements of the Developer or any other users of the Project. Approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City will not constitute a waiver of an Event of Default or of any State or City building or other code requirements that may applyDefault. Nothing in this Agreement shall be construed to relieve the Developer of its obligations to receive any required approval of the Construction Plans from any City department and does not relieve the Developer of the obligation to comply with applicable federal, State and local laws, ordinances, rules and regulations, or to construct the Project in accordance therewithdepartment.

Construction Plans. (1a) Prior Subject to the commencement Unavoidable Delays, on or before forty five (45) days following execution of construction of the Projectthis Agreement, the Developer will deliver shall submit to the City a site plan for the Development Property (“Site Plan”) and the Construction Plans, Construction Documents and a sworn construction cost statement certified by Plans for the Developer and the General Contractor (the “Sworn Construction Cost Statement”) all in form and substance reasonably acceptable to the CityMinimum Improvements. The Construction Plans shall provide for the Project construction of the Minimum Improvements and shall be consistent in conformity with the Development Program, this Agreement, the Site Plan, the TIF Plan and all applicable State state and local laws and regulations and any site plan or design drawings previously submitted to the Cityregulations. The City’s building official and the City Administrator of the City on behalf of the City shall promptly review any Construction Plans upon submission and deliver to the Developer a written statement approving approve the Construction Plans or a written statement rejecting the Construction Plans and specifying in reasonable detail the deficiencies writing if, in the Construction Plans. Approval reasonable discretion of the Construction Plans may be withheld unlessCity: (i) the Construction Plans substantially conform to the terms and conditions of this Agreement; (ii) the Construction Plans are consistent with conform to the goals and objectives of the Development Program, the TIF Plan and the Tax Abatement ProgramDistrict Plan; (iii) the Construction Plans comply with any site plan or design drawings previously submitted conform to the Cityall applicable federal, state and local law, ordinances, rules and regulations; and (iv) the Construction Plans do not violate any applicable federal, State or local laws, ordinances, rules or regulations. If are adequate to provide for the construction of the subject Minimum Improvements; (v) the Construction Plans are do not approved by provide for expenditures in excess of the City, then funds which will be available to the Developer shall make such changes as the City may reasonably require and resubmit revised Construction Plans to the City for approval. 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. The City’s approval shall not be unreasonably withheld or conditioned. Said approval. (2) No changes shall be made to the Construction Plans for the Project without the City’s prior written approval, unless the aggregate of such changes does not increase or decrease the total costs construction of the Project by more than 10%Minimum Improvements; and (vi) no Event of Default has occurred or is continuing after Developer's timeframe to cure has lapsed as outlined in Section 9.2. No changes which materially alter (a) the Project’s site plan, (b) exterior appearance, (c) construction quality, or (d) exterior materials included in the final Design Drawings and Construction Plans shall be made without the City’s prior written consent. The approval of the City will not be unreasonably withheld, conditioned or delayed. (3) The approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City does not constitute a representation or warranty by the City that the Construction Plans or the Project comply with any applicable building code, health or safety regulation, zoning regulation, environmental law or other law or regulation, or that the Project will meet the qualifications for issuance of a certificate of occupancy, or that the Project will meet the requirements of the Developer or any other users of the Project. Approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City will not constitute a waiver of an Event of Default or of any State or City building or other code requirements that may apply. Nothing in under this Agreement Section 4.2 shall be construed to relieve the Developer of its obligations to receive any required approval of the Construction Plans from any City department and does not relieve the Developer of the obligation to comply with the terms of this Agreement, applicable federal, State state and local laws, ordinances, rules and regulations, or to construct the Project Minimum Improvements. No approval by the City shall constitute a waiver of an Event of Default. The City shall review the Construction Plans within thirty (30) days of submission of a complete set of Construction Plans and either approve the same or provide Developer with a list of specific required changes to be made to the Construction Plans. Upon making the specific changes to the Construction Plans as required by the City, the Developer shall submit the Construction Plans with the required changes to the City for approval and if Developer made the required changes, the Construction Plans shall be approved. (b) If the Developer desires to make any Material Construction Change in accordance therewithany Construction Plans after their approval by the City, the Developer shall submit the proposed change to the City for its approval. No changes (each a “Material Construction Change”) (i) which in the aggregate would result in an increase or a decrease in the cost of the Minimum Improvements by more than ten percent (10%) or (ii) which would materially alter the site plan, exterior appearance, quality, facility amenities or exterior materials included in the Construction Plans shall be made without the City’s prior written consent, which consent will not be unreasonably withheld. The Developer shall submit a description of any Material Construction Change to the City. The City shall either approve the Material Construction Change or provide to the Developer specific written comments on the basis for its failure to approve within twenty (20) days following submission. If the City does not respond to the Developer within such 20- day period, the Material Construction Change shall be deemed approved. (c) Upon receipt of a completed application for a Building Permit for the Development Property consistent with the terms of this Agreement, the City agrees to complete review of the application and issue the Building Permit within seven (7) business days provided the Deed to the Development Property has been recorded.

Construction Plans. (1a) Prior The Developer shall have the Construction Plans submitted to the commencement of City before construction of the Project, the Developer will deliver to the Minimum Improvements has commenced. The City may review the Construction Plans, Construction Documents and a sworn construction cost statement certified by the Developer and the General Contractor (the “Sworn Construction Cost Statement”) all in form and substance reasonably acceptable Plans only to the City. The Construction Plans for the Project shall be determine that such plans are consistent with the Development Program, this Agreement, and all applicable State and local laws and regulations and any site plan or design drawings previously submitted to including the Cityconstruction of the Minimum Improvements. The City’s building official and If the City Administrator of the City on behalf of the City shall promptly review objects to any Construction Plans upon submission and deliver to the Developer a written statement approving the Construction Plans or a written statement rejecting the Construction Plans and specifying in reasonable detail the deficiencies in the Construction Plans. Approval of the Construction Plans may be withheld unless: it must notify the Developer within thirty (30) days of the City’s receipt of such plans of City’s objections, specifying in detail the reasons for City’s objections. (b) The Construction Plans must: (i) the Construction Plans substantially conform to the terms and conditions of this Agreement; ; (ii) the Construction Plans are consistent with the goals and objectives of the Development Program, the TIF Plan and the Tax Abatement Program; (iii) the Construction Plans comply with any site plan or design drawings previously submitted conform to the City; and (iv) the Construction Plans do not violate any applicable federal, State or local laws, ordinances, rules or regulations. If the Construction Plans are not approved by the City, then the Developer shall make such changes as the City may reasonably require and resubmit revised Construction Plans to the City for approval. 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. The City’s approval shall not be unreasonably withheld or conditioned. Said approval. (2) No changes shall be made to the Construction Plans for the Project without the City’s prior written approval, unless the aggregate of such changes does not increase or decrease the total costs of the Project by more than 10%. No changes which materially alter (a) the Project’s site plan, (b) exterior appearance, (c) construction quality, or (d) exterior materials included in the final Design Drawings and Construction Plans shall be made without the City’s prior written consent. The approval of the City will not be unreasonably withheld, conditioned or delayed. (3) The approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City does not constitute a representation or warranty by the City that the Construction Plans or the Project comply with any applicable building code, health or safety regulation, zoning regulation, environmental law or other law or regulation, or that the Project will meet the qualifications for issuance of a certificate of occupancy, or that the Project will meet the requirements of the Developer or any other users of the Project. Approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City will not constitute a waiver of an Event of Default or of any State or City building or other code requirements that may apply. Nothing in this Agreement shall be construed to relieve the Developer of its obligations to receive any required approval of the Construction Plans from any City department and does not relieve the Developer of the obligation to comply with all applicable federal, State and local laws, ordinances, rules and regulations and City permit requirements; and (iii) be adequate for purposes of this Agreement to provide for the construction of the Minimum Improvements. Any such approval of the Construction Plans pursuant to this Section 5.2 shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit. The site plans submitted for the Development Property on behalf of the Developer to the Development Services Department of the City shall be adequate to serve as the Construction Plans, if such site plans are approved by Development Services. (c) Approval of the Construction Plans by the City shall not relieve the Developer of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, State and local laws, ordinances and regulations, or nor shall approval of the Construction Plans by the City be deemed to construct constitute a waiver of any Event of Default. (d) Approval of Construction Plans hereunder is solely for purposes of this Agreement, and shall not constitute approval for any other City purpose nor subject the Project in accordance therewithCity to any liability for the Minimum Improvements as constructed. (e) Developer shall not make changes to the Construction Plans without approval by the City.

Construction Plans. (1) Prior The Developer shall cause Construction Plans to be provided for the commencement of construction of the Project, the Developer will deliver Minimum Improvements which shall be subject to approval by the City the Construction Plans, Construction Documents and a sworn construction cost statement certified by the Developer and the General Contractor (the “Sworn Construction Cost Statement”) all as provided in form and substance reasonably acceptable to the Citythis Section 3.2. The Construction Plans for the Project shall be consistent in conformity with the Development ProgramUrban Renewal Plan, this Agreement, and all applicable State and local laws and regulations and any site plan or design drawings previously submitted to the Cityregulations. The City’s building official and the City Administrator of the City on behalf of the City shall promptly review any Construction Plans upon submission and deliver to the Developer a written statement approving approve the Construction Plans or a written statement rejecting the Construction Plans and specifying in reasonable detail the deficiencies in the Construction Plans. Approval of the Construction Plans may be withheld unlesswriting if: (ia) the Construction Plans substantially conform to the terms and conditions of this Agreement; (iib) the Construction Plans are consistent with conform to the goals terms and objectives conditions of the Development Program, the TIF Plan and the Tax Abatement ProgramUrban Renewal Plans; (iiic) the Construction Plans comply with any site plan or design drawings previously submitted conform to the City; and (iv) the Construction Plans do not violate any applicable federal, State or local laws, ordinances, rules or regulations. If the Construction Plans are not approved by the City, then the Developer shall make such changes as the City may reasonably require and resubmit revised Construction Plans to the City for approval. 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. The City’s approval shall not be unreasonably withheld or conditioned. Said approval. (2) No changes shall be made to the Construction Plans for the Project without the City’s prior written approval, unless the aggregate of such changes does not increase or decrease the total costs of the Project by more than 10%. No changes which materially alter (a) the Project’s site plan, (b) exterior appearance, (c) construction quality, or (d) exterior materials included in the final Design Drawings and Construction Plans shall be made without the City’s prior written consent. The approval of the City will not be unreasonably withheld, conditioned or delayed. (3) The approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City does not constitute a representation or warranty by the City that the Construction Plans or the Project comply with any applicable building code, health or safety regulation, zoning regulation, environmental law or other law or regulation, or that the Project will meet the qualifications for issuance of a certificate of occupancy, or that the Project will meet the requirements of the Developer or any other users of the Project. Approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the City will not constitute a waiver of an Event of Default or of any State or City building or other code requirements that may apply. Nothing in this Agreement shall be construed to relieve the Developer of its obligations to receive any required approval of the Construction Plans from any City department and does not relieve the Developer of the obligation to comply with all applicable federal, State and local laws, ordinances; rules and regulation and City permit requirements; (d) the Construction Plans are adequate for purposes of this Agreement to provide for the construction of the Minimum Improvements and (e) no Event of Default under the terms of this Agreement has occurred; provided, rules however, that any such approval of the Construction Plans pursuant to this Section 3.2 shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulation of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Construction Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The site plans submitted to the building official of the City for the Development Property and the surrounding areas where the Minimum Improvements are to be constructed by the Developer shall be adequate to serve as the Construction Plans, if such site plans are approved by the building official. Approval of the Construction Plans by the City shall not relieve the Developer of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, State and local laws, ordinances and regulations, or nor shall approval of the Construction Plans by the City be deemed to construct constitute a waiver of any Event of Default. Approval of Construction Plans hereunder is solely for purposes of this Agreement, and shall not constitute approval for any other City purpose nor subject the Project in accordance therewithCity to any liability for the Minimum Improvements as constructed.