Construction Plans. (a) Before commencing construction of the Minimum Improvements, the Develoepr shall submit to the Authority the Construction Plans. The Construction Plans shall provide for construction of the Minimum Improvements and shall be in conformity with this Agreement, the TIF Plan, and all applicable State and local laws and regulations. The Authority shall approve the Construction Plans in writing (which shall be conclusively be deemed given upon issuance by the City of a building permit for the Minimum Improvements) if, in the reasonable discretion of the Authority: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Development District Plan; (iii) the Construction Plans conform to all applicable federal, state and local law, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for the construction of the subject Minimum Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds which will be available to the Developer for the construction of the Minimum Improvements; and (vi) no Event of Default has occurred or is continuing after Developer's timeframe to cure has lapsed as outlined in Section 9.2. No approval by the Authority under this Section 3.2 shall relieve the Developer of the obligation to comply with the terms of this Agreement, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements. No approval by the Authority shall constitute a waiver of an Event of Default. 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 Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefor based upon the criteria set forth in (i) through (vi) above, and shall be made within thirty (30) days after the date of receipt of final plans from the Developer. If the Authority fails to reject any Construction Plans submitted to the Authority within said thirty (30) day period, the Authority shall be deemed to have approved such plans. If the Authority rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within twenty (20) days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority’s approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the approved Construction Plans and the Minimum Improvements if constructed pursuant thereto comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto. The Developer hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority. (b) If the Developer desires to make any Material Change in any Construction Plans after their approval by the Authority, the Developer shall submit the proposed change to the Authority for its approval.
Appears in 1 contract
Samples: Contract for Private Development
Construction Plans. (a) Before commencing construction of the Minimum Improvements, the Develoepr Redeveloper shall submit to the Authority the Construction Plans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with this Agreement, the TIF Plan, Development Program and all applicable State and local laws and regulations. The Authority shall will approve the Construction Plans in writing (which approval shall be conclusively be deemed given upon issuance by the City of a building permit for the Minimum Improvements) if, in the reasonable discretion of the Authority: if (i) the Construction Plans conform to the all terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Development District PlanProgram; (iii) the Construction Plans conform to all applicable federal, state State and local lawlaws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for the construction of the subject Minimum Improvements; (v) the Redeveloper certifies that the Redeveloper reasonably anticipates that the Construction Plans do not provide for expenditures in excess of the funds which will be available to the Developer Redeveloper for the construction of the Minimum Improvements; and (vi) no Event of Default has occurred or is continuing after Developer's timeframe to cure has lapsed as outlined in Section 9.2and remains outstanding. No approval by the Authority under this Section 3.2 shall relieve the Developer Redeveloper of the obligation to comply with the terms of this Agreement, applicable federal, state State, and local laws, ordinances, rules and regulations, or to construct the Minimum ImprovementsImprovements in accordance therewith. No approval by the Authority shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer Redeveloper in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefor based upon the criteria set forth in (i) through (vi) above, and shall be made within thirty twenty (3020) days after the date of receipt of final plans from the DeveloperRedeveloper. If the Authority fails to reject any Construction Plans submitted to the Authority within said thirty twenty- (3020) day period, the Authority shall be deemed to have approved such plans. If the Authority rejects any Construction Plans in whole or in part, the Developer Redeveloper shall submit new or corrected Construction Plans within twenty (20) days after written notification to the Developer Redeveloper of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority’s approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the approved Construction Plans and the Minimum Improvements if constructed pursuant thereto comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto. The Developer Redeveloper hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority.
(b) If the Developer Redeveloper desires to make any Material Change material change in any the Construction Plans or any component thereof after their approval by the Authority, the Developer Redeveloper shall submit the proposed change to the Authority for its approval. For the purpose of this Section 4.2, the term “material” means changes that increase or decrease construction costs by 10% or more of the total construction costs. If the Construction Plans, as modified by the proposed material change, conform to the requirements of this Section with respect to such previously approved Construction Plans, the Authority shall approve the proposed material change and notify the Redeveloper in writing of its approval. Such material change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to the Redeveloper, setting forth in detail the reasons therefor. Such rejection shall be made within ten (10) days after receipt of the notice of such material change. The Authority’s approval of any such material change in the Construction Plans will not be unreasonably withheld. No Authority approval is required for any change to the Construction Plans that is not material as defined herein.
Appears in 1 contract
Samples: Contract for Private Redevelopment
Construction Plans. (a) The parties agree and understand that the Minimum Improvements will be constructed under a so-called "design-build" strategy. Before commencing commencement of construction of each component the Minimum ImprovementsImprovements for which a municipal permit is issued, the Develoepr Developer shall submit to the Authority the Construction PlansPlans for such component. The Construction Plans shall provide for the construction of the relevant component of the Minimum Improvements and shall be in substantial conformity with the Redevelopment Plan, this Agreement, the TIF Plan, and all applicable State and local laws and regulations. The Authority shall will approve the Construction Plans in writing (which shall be conclusively be deemed given upon issuance by the City of a building permit for the Minimum Improvements) if, in the reasonable discretion of the Authority: ; (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Development District Plan; (iii) the Construction Plans conform to all applicable federal, state and local lawlaws, ordinances, rules and regulations; (iviii) the Construction Plans are adequate to provide for the construction of the subject Minimum Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds which will be available to the Developer for the construction of the Minimum Improvements; and (viiv) no Event of Default has occurred or is continuing after Developer's timeframe to cure has lapsed as outlined in Section 9.2occurred. No approval by the Authority under this Section 3.2 shall relieve the Developer of the obligation to comply with the terms of this AgreementAgreement or of the Redevelopment Plan, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum ImprovementsImprovements in accordance therewith. No approval by the Authority shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefor based upon the criteria set forth in (i) through (vi) abovetherefore, and shall be made within thirty (30) 30 days after the date of their receipt of final plans from by the Developer. If the Authority fails to reject any Construction Plans submitted to the Authority within said thirty (30) day period, the Authority shall be deemed to have approved such plansAuthority. If the Authority rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within twenty (20) 30 days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority’s 's approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the approved Construction Plans (and the Minimum Improvements Improvements, if constructed pursuant thereto in accordance with said plans) comply to the Authority’s 's satisfaction with the provisions of this Agreement relating thereto. The Developer hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority.
(b) If If, prior to issuance of the Certificate of Completion, the Developer desires to make any Material Change material change in any the Construction Plans after their approval by the AuthorityAuthority which would substantially alter the scope of the work contemplated thereby or decrease the value of the Minimum Improvements (including land) below $6,200,000, the Developer shall submit the proposed change to the Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority 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 Authority unless rejected, in whole or in part, by written notice by the Authority 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 Authority's approval of any such change in the Construction Plans will not be unreasonably withheld.
Appears in 1 contract
Samples: Contract for Private Development (Excelsior Henderson Motorcycle Manufacturing Co)
Construction Plans. (a) Before commencing construction of the Minimum Improvements, the Develoepr Developer shall submit to the Authority the completed Construction Plans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with this Agreementthe Development Program, the TIF Plan, this Agreement, and all applicable State and local laws and regulations. The Authority shall will approve the Construction Plans in writing (which shall be conclusively be deemed given upon issuance by the City of a building permit for the Minimum Improvements) if, in the reasonable discretion of the Authority: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Development District PlanProgram; (iii) the Construction Plans conform to all applicable federal, state State and local lawlaws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for the construction of the subject Minimum Improvements; (v) the Construction Plans do not provide for expenditures in excess include exterior front and side walls constructed of the funds which will be available to the Developer for the construction of the Minimum Improvementsclay brick; and (vi) no Event of Default has occurred or is continuing after Developer's timeframe to cure has lapsed as outlined in Section 9.2occurred. No approval by the Authority under this Section 3.2 shall relieve the Developer of the obligation to comply with the terms of this AgreementAgreement or of the Development Program, applicable federal, state State and local laws, ordinances, rules and regulations, or to construct the Minimum ImprovementsImprovements in accordance therewith. No approval by the Authority shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefor based upon the criteria set forth in (i) through (vi) abovetherefor, and shall be made within thirty (30) 30 days after the date of their receipt of final plans from by the Developer. If the Authority fails to reject any Construction Plans submitted to the Authority within said thirty (30) day period, the Authority shall be deemed to have approved such plansAuthority. If the Authority rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within twenty (20) 30 days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority’s approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the approved Construction Plans (and the Minimum Improvements if Improvements, constructed pursuant thereto in accordance with said plans) comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto. The Developer hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority.
(b) If the Developer desires to make any Material Change material change in any the Construction Plans after their approval by the Authority, the Developer shall submit the proposed change to the Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 with respect to such previously approved Construction Plans, the Authority 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 Authority unless rejected, in whole or in part, by written notice by the Authority 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 Authority’s approval of any such change in the Construction Plans will not be unreasonably withheld.
Appears in 1 contract
Samples: Contract for Private Development
Construction Plans. S & B Realty agrees to cause, and shall cause Xxxx Theatres to comply with this Section 4.2. (a) Before ). Prior to commencing construction of the Minimum Improvements, the Develoepr Xxxx Theatres shall submit to the Authority the EDA and S & B Realty completed Construction Plans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity conformance with this Agreement, the TIF Plan, Agreement and all applicable State and local laws and regulations. The Authority shall approve the Construction Plans in writing (which regulations and shall be conclusively be deemed given upon issuance by the City of a building permit for the Minimum Improvements) if, in the reasonable discretion of the Authority: (i) the Construction Plans conform submitted to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Development District Plan; (iii) the Construction Plans conform to all applicable federal, state and local law, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for the construction of the subject Minimum Improvements; (v) the Construction Plans do not provide for expenditures EDA in excess of the funds which will be available to the Developer for the construction of the Minimum Improvements; and (vi) no Event of Default has occurred or is continuing after Developer's timeframe to cure has lapsed as outlined in Section 9.2a digital format. No approval by the Authority under this Section 3.2 EDA shall relieve the Developer Xxxx Theatres of the obligation to comply with the terms of this Agreement, applicable federal, state State and local laws, ordinances, rules and regulations, or to construct the Minimum ImprovementsImprovements in accordance therewith. No approval by the Authority EDA or S & B Realty shall constitute a waiver of an Event of Default. Default or waiver of any State or City building or other code requirements that may apply and no approval by S & B Realty shall constitute a waiver of a Loan Event of Default If approval of the Construction Plans is requested by the Developer Xxxx Theatres in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the AuthorityEDA, in whole or in partpart within the time period stated in the next sentence. Such rejections shall set forth in detail the reasons therefor based upon the criteria set forth in (i) through (vi) abovetherefor, and shall be made within thirty (30) 30 days after the date of their receipt of final plans from by the DeveloperEDA or S & B Realty. If the Authority fails to reject any Construction Plans submitted to the Authority within said thirty (30) day period, the Authority shall be deemed to have approved such plans. If the Authority EDA or S & B Realty rejects any Construction Plans in whole or in part, the Developer Xxxx Theatres shall submit new or corrected Construction Plans within twenty (20) 10 days after written notification to the Developer Xxxx Theatres of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. EDA and S & B Realty The AuthorityEDA's approval and S & B Realty’s approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the approved Construction Plans (and the Minimum Improvements if Improvements, constructed pursuant thereto in accordance with said plans) comply to the Authority’s EDA's satisfaction and S & B Realty's satisfaction with the provisions of this Agreement relating theretothereto but any approvals by the EDA hereunder will not constitute approval by any City officials regarding any City requirement related to construction of the Minimum Improvements. The Developer Xxxx Theatres hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority EDA or S & B Realty and/or any changes in the Construction Plans requested by the AuthorityEDA or S & B Realty, provided the EDA shall be bound by its approval and S & B Realty by its approval, of the Construction Plans under the preceding paragraph. Neither the Authority EDA, the City, nor any employee or official of the Authority EDA or City shall be responsible in any manner Manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, Plans including changes requested by the AuthorityEDA.
(b) If the Developer desires to make any Material Change in any Construction Plans after their approval by the Authority, the Developer shall submit the proposed change to the Authority for its approval.
Appears in 1 contract
Samples: Development Agreement
Construction Plans. (a) Before commencing construction Subject to Unavoidable Delays, on or before forty five (45) days following execution of the Minimum Improvementsthis Agreement, the Develoepr Developer shall submit to the Authority City a site plan for the Development Property (“Site Plan”) and the Construction PlansPlans for the Minimum Improvements. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with this Agreement, the TIF Site Plan, the TIF Plan and all applicable State state and local laws and regulations. The Authority City shall approve the Construction Plans in writing (which shall be conclusively be deemed given upon issuance by the City of a building permit for the Minimum Improvements) if, in the reasonable discretion of the AuthorityCity: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Development District Plan; (iii) the Construction Plans conform to all applicable federal, state and local law, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for the construction of the subject Minimum Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds which will be available to the Developer for the construction of the Minimum Improvements; and (vi) no Event of Default has occurred or is continuing after Developer's timeframe to cure has lapsed as outlined in Section 9.2. No approval by the Authority City under this Section 3.2 4.2 shall relieve the Developer of the obligation to comply with the terms of this Agreement, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements. No approval by the Authority City shall constitute a waiver of an Event of Default. If approval of The City shall review 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 Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefor based upon the criteria set forth in (i) through (vi) above, and shall be made within thirty (30) days after the date of receipt submission of final plans from the Developer. If the Authority fails to reject any a complete set of Construction Plans submitted and either approve the same or provide Developer with a list of specific required changes to be made to the Authority within said thirty (30) day period, Construction Plans. Upon making the Authority shall be deemed specific changes to have approved such plans. If the Authority rejects any Construction Plans in whole or in partas required by the City, the Developer shall submit new or corrected the Construction Plans within twenty (20) days after written notification with the required changes to the City for approval and if Developer of made the rejection. The provisions of this Section relating to approvalrequired changes, rejection and resubmission of corrected the Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority’s approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the approved Construction Plans and the Minimum Improvements if constructed pursuant thereto comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto. The Developer hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authorityapproved.
(b) If the Developer desires to make any Material Construction Change in any Construction Plans after their approval by the AuthorityCity, the Developer shall submit the proposed change to the Authority City for its approval. No changes (each a “Material Construction Change”)
(i) which in the aggregate would result in an increase or a decrease in the cost of the Minimum Improvements by more than ten percent (10%) or (ii) which would materially alter the site plan, exterior appearance, quality, facility amenities or exterior materials included in the Construction Plans shall be made without the City’s prior written consent, which consent will not be unreasonably withheld. The Developer shall submit a description of any Material Construction Change to the City. The City shall either approve the Material Construction Change or provide to the Developer specific written comments on the basis for its failure to approve within twenty (20) days following submission. If the City does not respond to the Developer within such 20- day period, the Material Construction Change shall be deemed approved.
(c) Upon receipt of a completed application for a Building Permit for the Development Property consistent with the terms of this Agreement, the City agrees to complete review of the application and issue the Building Permit within seven (7) business days provided the Deed to the Development Property has been recorded.
Appears in 1 contract
Samples: Development Agreement
Construction Plans.
(a) Before commencing construction of the Minimum Developer Improvements, the Develoepr Master Developer shall submit to the City and the Authority Construction Plans for the Construction PlansDeveloper Improvements that conform with the Developer Improvements Requirements. The Construction Plans shall provide for the construction of the Minimum Developer Improvements and shall be in conformity with this Agreement, the TIF Plan, Redevelopment Plan and all applicable State and local laws and regulations. The City and the Authority shall will approve the Construction Plans in writing (which shall be conclusively be deemed given upon issuance by the City of a building permit for the Minimum Improvements) if, in the reasonable discretion of the Authority: if (i) the Construction Plans conform to the all terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Development District Redevelopment Plan; (iii) the Construction Plans conform to all applicable federal, state and local lawlaws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for the construction of the subject Minimum Developer Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds which will be available to the Master Developer for the construction of the Minimum Developer Improvements; and (vi) no Event of Default has occurred or is continuing after Developer's timeframe to cure has lapsed as outlined in Section 9.2occurred. No approval by the City or the Authority under this Section 3.2 shall relieve the Master Developer of the obligation to comply with the terms of this Agreement, applicable federal, state State and local laws, ordinances, rules and regulations, or to construct the Minimum ImprovementsDeveloper Improvements in accordance therewith. No approval by the City or the Authority shall constitute a waiver of an Event of Default. If approval The City and the Authority shall notify the Master Developer of any rejection of the Construction Plans is requested by the Developer in writing at the time of submissionPlans, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall and set forth in detail the reasons therefor based upon for the criteria set forth in rejection, within twenty (i) through (vi) above, and shall be made within thirty (3020) days after the date of receipt of the City and the Authority receive final plans from the Master Developer. If the Authority fails to reject any Construction Plans submitted to the Authority within said thirty (30) day period, the Authority shall be deemed to have approved such plans. If City or the Authority rejects any Construction Plans in whole or in part, the Master Developer shall submit new or corrected Construction Plans within twenty (20) days after written notification to the Master Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the City and the Authority. The City and the Authority’s approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the approved Construction Plans (and the Minimum Improvements if Developer Improvements, constructed pursuant thereto in accordance with said plans) comply to the City and the Authority’s satisfaction with the provisions of this Agreement relating thereto. The Developer hereby waives any City (and all claims as applicable, the State and causes of action whatsoever resulting from the review of County) shall approve the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority.their customary approval process.
(b) If the Master Developer desires to make any Material Change in any the Construction Plans or any component thereof after their approval by the City and the Authority, the Master Developer shall submit the proposed change to the City and the Authority for its approval.. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 with respect to such previously approved Construction Plans, the City and the Authority shall approve the proposed change and notify the Master Developer in writing of its approval. The City and the Authority shall notify the Master Developer of any rejection of the Construction Plans, and set forth in detail the reasons for the rejection, within twenty (20) days after the date the City and the Authority receive final plans from the Master Developer. The Authority’s approval of any such change in the Construction Plans will not be unreasonably withheld.
Appears in 1 contract
Samples: Private Redevelopment Contract (Canterbury Park Holding Corp)