Common use of Construction Plans Clause in Contracts

Construction Plans. Developer shall cause Construction Plans to be provided for the Minimum Improvements, which shall be subject to approval by the City as provided in this Section 3.2. The Construction Plans shall be in conformity with the Urban Renewal Plan, this Agreement, and all applicable federal, State and local laws and regulations. The City shall approve the Construction Plans in writing if: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the terms and conditions of the Urban Renewal Plan; (iii) the Construction Plans conform to 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 any building, fire, zoning, or other ordinances or regulations of the City; 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. Developer shall cause Construction Plans to be provided developed for the Minimum Improvements, which shall be subject to approval by the City as provided in this Section 3.2, and which approval shall not be unreasonably withheld, conditioned, or delayed. The Construction Plans shall be in conformity with the Urban Renewal Plan, this Agreement, and all applicable federal, State State, and local laws and regulations. The City shall approve the Construction Plans in writing ifif they: (ia) the Construction Plans conform to the terms and conditions condition of this Agreement; (iib) the Construction Plans conform to the terms and conditions of the Valley View North Urban Renewal Plan; (iiic) the Construction Plans conform to all applicable federal, State State, and local laws, ordinances, rules rules, and regulations, and City permit requirements; (ivd) the Construction Plans are shall be adequate for the purposes of this Agreement to provide for the construction of the Minimum Improvements; and (ve) no Event of Default under the terms of this Agreement has occurredoccurred 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. Approval of the Construction Plans hereunder only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning, zoning or other ordinances or regulations of the City; 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 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 any liability for the Minimum Improvements as constructed.

Construction Plans. a. The Developer shall cause Construction Plans to be provided for the Minimum Improvements, Improvements which shall be subject to approval by the City as provided in this Section 3.26.2. The Construction Plans shall be in conformity with the Urban Renewal Plan, this Agreement, and all applicable federal, State State, and local laws and regulations. . b. The City shall approve the Construction Plans in writing if: (ia) the Construction Plans conform to the terms and conditions of this Agreement; (iib) the Construction Plans conform to the terms and conditions of the Urban Renewal Plan; (iiic) the Construction Plans conform to all applicable federal, State State, and local laws, ordinances, rules rules, and regulations, regulations and City permit requirements; (ivd) the Construction Plans are adequate for purposes of this Agreement to provide for the construction of the Minimum Improvements; and (ve) no Event of Default under the terms of this Agreement has occurred; provided. c. Notwithstanding the forgoing, however, that any such approval of the Construction Plans pursuant to this Section 3.2 6.2 shall constitute approval for the purposes of this Agreement only. Approval of the Construction Plans hereunder only and shall not 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; 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 with respect to any liability for the Minimum Improvements as constructedother City purpose; and shall not deem the Construction Plan as (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. The site ; (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 any liability for the Minimum Improvements as constructed. d. All work with respect to the Minimum Improvements to be constructed or provided by the Developer shall be in conformity with the Construction Plans and other plans submitted to approved by the building official of the City for the Development Property shall or any amendments thereto as may 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 to the commencement of construction of the Project, the Developer shall cause will deliver to the City the Construction Plans to be provided for the Minimum Improvements, which shall be subject to approval and a sworn construction cost statement certified by the City as provided in this Section 3.2Developer and the general contractor (the “Sworn Construction Cost Statement”). The Construction Plans for the Project shall be in conformity consistent with the Urban Renewal Plan, this Development Agreement, the PUD, the Site Plan and all applicable federal, State Design Drawings. The City shall promptly review any Construction Plans upon submission and local laws deliver to the Developer a written statement approving the Construction Plans or a written statement rejecting the Construction Plans and regulationsspecifying the deficiencies in the Construction Plans. The City shall approve the Construction Plans in writing if: (i) the Construction Plans substantially conform to the terms and conditions of this Agreement, the PUD and the Development Agreement; (ii) the Construction Plans conform to are consistent with the terms goals and conditions objectives of the Urban Renewal PlanDevelopment Program; (iii) the Construction Plans conform to all comply with the Site Plan and Design Drawings, including without limitation using consistent construction materials and architectural style; and (iv) the Construction Plans do not violate any applicable federal, State and or local laws, ordinances, rules and or regulations, and City permit requirements; (iv) . If the Construction Plans are adequate not approved by the City, then the Developer shall make such changes as the City may reasonably require and resubmit the Construction Plans to the City for purposes approval. If the City has not rejected the Construction Plans in writing within 15 calendar days of submission, such Construction Plans shall automatically be deemed approved by the City. (2) 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. Nothing in this Agreement shall be construed to provide for relieve the construction Developer of the Minimum Improvements; and (v) no Event of Default under the terms of this Agreement has occurred; provided, however, that its obligations to receive any such required 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 from any City with respect to any building, fire, zoning, or other ordinances or regulations of the City; 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 officialdepartment.

Construction Plans. Developer A preliminary description and depictions of the 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 Plans shall automatically replace and 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 City as provided in this Section 3.24.2. The Construction Plans shall be in conformity with the Urban Renewal Plan, this Agreement, and all applicable federal, State and local laws and regulations. The Within thirty (30) days of Owner’s provision of the Construction Plans to City, City shall approve the Construction Plans in writing if: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the terms and conditions of the Urban Renewal Plan; (iii) the Construction Plans conform to all applicable federal, State and local laws, ordinances, rules and regulations, and City permit requirements; (iviii) the Construction Plans are adequate for purposes of this Agreement to provide for the construction of the Minimum Improvements; and (viv) 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 4.2 shall constitute approval for the purposes of this Agreement only. Approval of the Construction Plans hereunder only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning, zoning or other ordinances or regulations of the City; 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 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 ImprovementsPlans, 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 with 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. (a) Before commencing construction of the Minimum Improvements and the Public Improvements, the Developer shall cause submit to the City and the Authority Construction Plans to be provided for the Minimum Improvements and the Public Improvements, which shall be subject to approval by the City as provided in this Section 3.2. The Construction Plans shall provide for the construction of the Minimum Improvements and the Public Improvements and shall be in conformity with the Urban Renewal PlanDevelopment Program, this Agreement, and all applicable federal, State and local laws and regulations. The City shall Representative and the will approve the Construction Plans in writing if: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the terms goals and conditions objectives of the Urban Renewal PlanDevelopment Program; (iii) the Construction Plans conform to all applicable federal, State state and local laws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for construction of the Minimum Improvements and the Public Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds available to the Developer from all sources for construction of the Minimum Improvements and the Public Improvements; and (vi) no Event of Default. Approval may be based upon a review by the Building Official of the City of the Construction Plans. No approval by the City Representative shall relieve the Developer of the obligation to comply with the terms of this Agreement or of, 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 or to provide for the construction of construct the Minimum Improvements; Improvements and (v) no the Public Improvements in accordance therewith. No approval by the City Representative shall constitute a waiver of an Event of Default under the terms of this Agreement has occurred; provided, however, that any such . If approval of the Construction Plans pursuant is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the City Representative, in whole or in part. Such rejections shall set forth in detail the reasons therefor, and shall be made within thirty (30) days after the date of their receipt by the City. If the City Representative rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within thirty (30) days after written notification to the Developer of the rejection. The provisions of this Section 3.2 relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the City Representative. The City Representative’s approval shall not be unreasonably withheld, conditioned, or delayed. Said approval shall constitute approval for a conclusive determination that the purposes Construction Plans (and the Minimum Improvements and the Public Improvements constructed in accordance with said plans) comply to the City’s satisfaction with the provisions of this Agreement onlyrelating thereto. Approval The Developer hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans hereunder shall not be deemed to constitute approval or waiver by the City with respect to and/or any building, fire, zoning, or other ordinances or regulations of the City; 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 changes in the Construction Plans are not as detailed requested by the City. Neither the City, nor any employee 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 responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the City. (b) If the Developer desires to make any material change in the Construction Plans after their approval by the City, the Developer shall submit the proposed change to the City for approval. If the Minimum ImprovementsConstruction Plans, if as modified by the proposed change, conform to the requirements of this Section with respect to such site plans are previously approved Construction Plans, the City shall approve the proposed change and notify the Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the building officialCity unless rejected, in whole or in part, by written notice by the City to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within ten (10) days after receipt of the notice of such change. The City’s approval of any such change in the Construction Plans will not be unreasonably withheld.

Construction Plans. Developer shall cause Construction Plans to be provided for the Minimum Improvements, which shall be subject to approval by the City County as provided in this Section 3.2. The Construction Plans shall be in conformity with the Urban Renewal Plan, this Agreement, and all applicable federal, State State, and local laws and regulations. The City County shall approve the Construction Plans in writing if: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the terms and conditions of the Urban Renewal Plan; (iii) the Construction Plans conform to all applicable federal, State State, and local laws, ordinances, rules rules, and regulations, and City County 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 only and shall not be deemed to constitute approval or waiver by the City County with respect to any building, fire, zoning, or other ordinances or regulations of the City; shall not relieve Developer of any obligation to comply with the terms and provisions of this AgreementCounty, 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 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 County 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 ImprovementsPlans, if such site plans are approved by the building official.. Approval of the Construction Plans by the County 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 the County be deemed to 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 County to any liability for the Minimum Improvements as constructed. 8-1-2016

Construction Plans. Developer shall cause Construction Plans to be provided for the Minimum Improvements, which shall be subject to approval by the City as provided in this Section 3.2. The Construction Plans shall be in conformity with the Urban Renewal Plan, this Agreement, and all applicable federal, State and local laws and regulations. follows: The City shall approve the Construction Plans in writing if: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the terms and conditions of the Urban Renewal Plan; (iii) the Construction Plans conform to all applicable federal, State State, and local laws, ordinances, rules 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 City approval of the Construction Plans pursuant to this Section 3.2 3.4 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 any building, fire, zoning, or other ordinances or regulations of the City; 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, Improvements if such site plans are approved by the building official.

Construction Plans. Developer shall cause Construction Plans to be provided developed for the Minimum Additional Improvements, which shall be subject to approval by the City as provided in this Section 3.24.2, and which approval shall not be unreasonably withheld, conditioned, or delayed. The Construction Plans shall be in conformity with the Urban Renewal Plan, this Agreement, and all applicable federal, State State, and local laws and regulations. The City shall approve the Construction Plans in writing ifif they: (ia) the Construction Plans conform to the terms and conditions condition of this Agreement; (iib) the Construction Plans conform to the terms and conditions of the South Avenue Urban Renewal Plan; (iiic) the Construction Plans conform to all applicable federal, State State, and local laws, ordinances, rules rules, and regulations, and City permit requirements; (ivd) the Construction Plans are shall be adequate for the purposes of this Agreement to provide for the construction of the Minimum Additional Improvements; and (ve) no Event of Default under the terms of this Agreement has occurredoccurred 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 4.2 shall constitute approval for the purposes of this Agreement only. Approval of the Construction Plans hereunder only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning, zoning or other ordinances or regulations of the City; 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 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 Minimum 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 any liability for the Additional Improvements as constructed. Xxxxxxxxx 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. The Developer shall cause Construction Plans to be provided for the Minimum Improvements, Public Improvements which shall be subject to approval by the City as provided in this Section 3.2. The Construction Plans shall be in conformity with the Urban Renewal Plan, this Agreement, and all applicable federal, State and local laws and regulations. The City shall approve the Construction Plans in writing if: (ia) the Construction Plans conform to the terms and conditions of this Agreement; (iib) the Construction Plans conform to the terms and conditions of the Urban Renewal Plan; (iiic) the Construction Plans conform to all applicable federal, State and local laws, ordinances, rules and regulations, regulations and City permit requirements; (ivd) the Construction Plans are adequate for purposes of this Agreement to provide for the construction of the Minimum Public Improvements; and (ve) 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 only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning, zoning or other ordinances or regulations of the City; 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 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 for the Minimum ImprovementsPlans, 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 review and approval by the City 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. Developer shall cause Construction Plans to be provided for Before commencement of construction of each Component of the Minimum Improvements, which the Developer shall be subject submit to approval by the City as provided in this Section 3.2Construction Plans. The Construction Plans shall provide for the construction of the relevant improvements and shall be in material conformity with the Urban Renewal Development Plan, the PUD, this Agreement, and all applicable federal, State and local laws and regulations. The City shall Representative will approve the Construction Plans in writing if: (i) the Construction Plans materially conform to the terms and conditions of this Agreement; (ii) the Construction Plans materially conform to the terms goals and conditions objectives of the Urban Renewal PlanDevelopment Plan and the PUD; (iii) the Construction Plans conform to all applicable federal, State state and local laws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for construction of the relevant improvements; and (v) no Event of Default has occurred. Approval may be based upon a review by the City’s Building Official of the Construction Plans and shall be conclusive evidence that Developer has satisfied its obligations under this Section. No approval by the City Representative shall relieve the Developer of the obligation to comply with the terms of this Agreement or of the Development Plan, applicable federal, state and local laws, ordinances, rules and regulations, and City permit requirements; (iv) the Construction Plans are adequate for purposes of this Agreement or to provide for the construction of construct the Minimum Improvements; and (v) no Improvements in accordance therewith. No approval by the City Representative shall constitute a waiver of an Event of Default under the terms of this Agreement has occurred; provided, however, that any such Default. If approval of the Construction Plans pursuant is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the City Representative, 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. If the City Representative rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within 30 days after written notification to the Developer of the rejection. The provisions of this Section 3.2 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 Representative’s approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall constitute approval for a conclusive determination that the purposes Construction Plans (and the Minimum Improvements constructed in accordance with said plans) comply to the City’s satisfaction with the provisions 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 any building, fire, zoning, or other ordinances or regulations of the City; 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 officialrelating thereto.

Construction Plans. Developer shall cause Construction Plans to be provided for (a) Before commencement of construction of the Minimum Improvements, which the Developer shall be subject submit to approval by the City as provided in this Section 3.2the Construction Plans. The Construction Plans provide for construction of the Minimum Improvements and shall be in substantial conformity with the Urban Renewal PlanDevelopment Program, this Agreement, and all applicable federal, State and local building and zoning laws and regulations. The City Building & Zoning Official and Development Director, on behalf of the City, shall review and 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 conform to the terms and conditions of the Urban Renewal Plan; (iii) the Construction Plans conform in all material respects to all applicable federal, State and local laws, ordinances, rules and regulationsrules, and City permit requirements; regulations and (ivii) the Construction Plans are adequate for purposes of this Agreement to provide for the construction of the Minimum Improvements; . Review of the Construction Plans includes a review of the types and (v) quality of building materials, colors and other features on the exterior of the building or on-site. The Development Director shall verify that the Construction Plans substantially conform in all material respects to the terms and conditions of this Agreement relating thereto and no Event of Default under has occurred and remains uncured. As soon as the terms of this Agreement has occurred; provided, however, that any such approval plans for construction of the Construction Plans pursuant to this Section 3.2 Minimum Improvements are complete, copies shall constitute be filed with the City Building & Zoning Official. (b) No 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 any building, fire, zoning, Building & Zoning Official or other ordinances or regulations Development Director shall relieve the Developer of the City; shall not relieve Developer of any obligation to comply with the terms and provisions of this AgreementAgreement or of the Development Program, or the provision of applicable federal, State, state and local laws, ordinances, rules and regulations; shall not subject the City , or to any liability for construct the Minimum Improvements as constructed; in accordance therewith. If approval of the Construction Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the City Building & Zoning Official and Development Director, in whole or in part, within 30 days after the date of their receipt by the City. Such rejection shall set forth in detail the reasons therefor. If the City Building & Zoning Official or Development Director rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within 30 days after written notification to the Developer of the rejection. The provisions of this Section relate to approval, rejection and resubmission of corrected, amended or changed Construction Plans and shall not deem continue to apply until the Construction Plan as sufficient Plans have been approved by the City. The City Building & Xxxxxx Official’s and Development Director’s approvals shall not be unreasonably withheld. Said approvals shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements constructed in accordance with said plans) comply to serve as the basis for City’s satisfaction with the provisions of this Agreement relating thereto. (c) If prior to the issuance of a building permit if the Construction Plans are not as detailed or complete as the plans otherwise required for the issuance Certificate 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 Completion for the Minimum Improvements, if such site plans are approved the Developer desires to make any material change (a change proposing to decrease the construction cost of the Minimum Improvements by an amount in excess of $100,000, unless the change is due only to a decrease in the cost of a specific product or material) in the Construction Plans after their approval by the City, the Developer shall submit the proposed change to the City for its approval. The process for approval of the material change to the Construction Plans shall be as described above. (d) The Developer certifies that the Construction Plans are in conformance with the Development Program, this Agreement and all applicable State and local building officialand zoning laws and regulations. The Developer agrees to indemnify, defend and hold harmless the City from any and all claims or causes of action resulting from any alleged defect in the design or construction of the Site Improvements and the Minimum Improvements, subject to the limitations imposed by law.

Construction Plans. Developer shall cause Construction Plans (1) Prior to be provided for the commencement of construction of the Minimum Improvements, which shall be subject the Developer will deliver to approval the City the Construction Plans, Construction Documents and a sworn construction cost statement certified by the City as provided Developer and the General Contractor (the “Sworn Construction Cost Statement”) all in this Section 3.2form and substance reasonably acceptable to the City. The Construction Plans for the Minimum Improvements shall be in conformity consistent with the Urban Renewal PlanDevelopment Program, this Agreement, and all applicable federal, State and local laws and regulationsregulations 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 approve 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 writing ifreasonable 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 conform to are consistent with the terms goals and conditions objectives of the Urban Renewal Development Program and the TIF Plan; (iii) the Construction Plans conform comply with any site plan or design drawings previously submitted to all the City; and (iv) the Construction Plans do not violate any applicable federal, State and or local laws, ordinances, rules and or 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 any building, fire, zoning, or other ordinances or regulations of the City; 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 If the Construction Plans are not as detailed or complete approved by the City, then the Developer shall make such changes as the plans otherwise required for the issuance of a building permit. The site plans submitted City may reasonably require and resubmit revised Construction Plans to the building official of 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 Development Property Construction Plans have been approved by the City. The City’s approval shall not be unreasonably withheld or conditioned. (2) No changes shall be adequate made to serve as the Construction Plans for the 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 Minimum Improvements by more than 10%. No changes which materially alter (a) the Minimum Improvements’ site plan, if such site plans are approved by the building official.(b) exterior appearance,

Construction Plans. (a) The Developer shall cause have the Construction Plans submitted to be provided for the City before construction of the Minimum Improvements has commenced. The City may review the Construction Plans only to determine that such plans are consistent with this Agreement, including the construction of the Minimum Improvements, which shall be subject to approval by . If the City as provided objects to any of the Construction Plans it must notify the Developer within thirty (30) days of the City’s receipt of such plans of City’s objections, specifying in this Section 3.2. detail the reasons for City’s objections. (b) The Construction Plans shall be in conformity with the Urban Renewal Plan, this Agreement, and all applicable federal, State and local laws and regulations. The City shall approve the Construction Plans in writing if: must: (i) the Construction Plans conform to the terms and conditions of this Agreement; ; (ii) the Construction Plans conform to the terms and conditions of the Urban Renewal Plan; (iii) the Construction Plans conform to all applicable federal, State and local laws, ordinances, rules and regulations, regulations and City permit requirements; and (iviii) the Construction Plans are be 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 . Any such approval of the Construction Plans pursuant to this Section 3.2 5.2 shall constitute approval for the purposes of this Agreement only. Approval of the Construction Plans hereunder only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning, 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, State and local laws, ordinancesordinances and regulations, nor shall approval of the Construction Plans by the City be deemed to constitute a waiver of any Event of Default. (d) Approval of Construction Plans hereunder is solely for purposes of this Agreement, and regulations; shall not constitute approval for any other City purpose nor subject the City to any liability for the Minimum Improvements as constructed; and . (e) Developer shall not deem the Construction Plan as sufficient make changes 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 without approval by the building officialCity.

Construction Plans. (1) Prior to the commencement of construction of the Project, the Developer shall cause will deliver to the City the Construction Plans to be provided for the Minimum ImprovementsPlans, which shall be subject to approval Construction Documents and a sworn construction cost statement certified by the City as provided Developer and the General Contractor (the “Sworn Construction Cost Statement”) all in this Section 3.2form and substance acceptable to the City. The Construction Plans for the Project shall be in conformity consistent with the Urban Renewal PlanDevelopment Program, this Agreement, and all applicable federal, State and local laws and regulationsregulations and the Site Plan and Design Drawings previously submitted to the City. The City’s building official and 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 the deficiencies in the Construction Plans. The City’s building official and the City Manager on behalf of the 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 conform to are consistent with the terms goals and conditions objectives of the Urban Renewal Development Program and the TIF Plan; (iii) the Construction Plans conform to all comply with the Site Plan and Design Drawings; and (iv) the Construction Plans do not violate any applicable federal, State and or local laws, ordinances, rules and or regulations, and City permit requirements; (iv) . If the Construction Plans are adequate not approved by the City, then the Developer shall make such changes as the City may reasonably require and resubmit the Construction Plans to the City for purposes approval, which will not be unreasonably withheld, unreasonably conditioned or unreasonably delayed. If the City has not rejected the Construction Plans in writing within 60 calendar days of submission, such Construction Plans shall automatically be deemed approved by the City but only if the Construction Plans provided to the City 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 do not increase or decrease the 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. Nothing in this Agreement shall be construed to provide for relieve the construction Developer of the Minimum Improvements; and (v) no Event of Default under the terms of this Agreement has occurred; provided, however, that its obligations to receive any such required 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 from any City with respect to any building, fire, zoning, or other ordinances or regulations of the City; 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 officialdepartment.

Construction Plans. The Developer shall cause Construction Plans to be provided for the Minimum Improvements, Improvements which shall be subject to approval by the City County as provided in this Section 3.2. The Construction Plans shall be in conformity with the Urban Renewal Plan, this Agreement, and all applicable federal, State and local laws and regulations. The City County shall approve the Construction Plans in writing if: (ia) the Construction Plans conform to the terms and conditions of this Agreement; (iib) the Construction Plans conform to the terms and conditions of the Urban Renewal PlanPlans; (iiic) the Construction Plans conform to all applicable federal, State and local laws, ordinances, ; rules and regulations, regulation and City County permit requirements; (ivd) the Construction Plans are adequate for purposes of this Agreement to provide for the construction of the Minimum Improvements; Improvements and (ve) 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 only and shall not be deemed to constitute approval or waiver by the City County with respect to any building, fire, zoning, zoning or other ordinances or regulations regulation of the City; shall not relieve Developer of any obligation to comply with the terms and provisions of this AgreementCounty, 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 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 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 for the Minimum ImprovementsPlans, 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, nor shall approval of the Construction Plans by the County 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 County purpose nor subject the County to any liability for the Minimum Improvements as constructed.

Construction Plans. The Developer shall cause Construction Plans to be provided for the Minimum Improvements, Improvements which shall be subject to approval by the City as provided in this Section 3.2. The Construction Plans shall be in conformity with the Urban Renewal Plan, this Agreement, and all applicable federal, State and local laws and regulations. The City shall approve the Construction Plans in writing if: (ia) the Construction Plans conform to the terms and conditions of this Agreement; (iib) the Construction Plans conform to the terms and conditions of the Urban Renewal PlanPlans; (iiic) the Construction Plans conform to all applicable federal, State and local laws, ordinances, ; rules and regulations, regulation and City permit requirements; (ivd) the Construction Plans are adequate for purposes of this Agreement to provide for the construction of the Minimum Improvements; Improvements and (ve) 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 only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning, zoning or other ordinances or regulations regulation of the City; 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 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 for the Minimum ImprovementsPlans, 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 as constructed.