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. 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.

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. 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 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. 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. 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. 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. 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. (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 for or in any work done pursuant to the Minimum ImprovementsConstruction Plans, if such site plans are approved including changes requested by the building officialCity.

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 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