Construction Plans. (a) Subject to Unavoidable Delays, on or before forty five (45) days following execution of this Agreement, the Developer shall submit to the City a site plan for the Development Property (“Site Plan”) and the Construction Plans 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 Site Plan, the TIF Plan and all applicable state and local laws and regulations. The City shall approve the Construction Plans in writing if, in the reasonable discretion of the City: (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 City under this Section 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 City shall constitute a waiver of an Event of Default. The City shall review the Construction Plans within thirty (30) days of submission of a complete set of Construction Plans and either approve the same or provide Developer with a list of specific required changes to be made to the Construction Plans. Upon making the specific changes to the Construction Plans as required by the City, the Developer shall submit the Construction Plans with the required changes to the City for approval and if Developer made the required changes, the Construction Plans shall be approved. (b) If the Developer desires to make any Material Construction Change in any Construction Plans after their approval by the City, the Developer shall submit the proposed change to the City for its approval. No changes (each a “Material Construction Change”) (i) which in the aggregate would result in an increase or a decrease in the cost of the Minimum Improvements by more than ten percent (10%) or (ii) which would materially alter the site plan, exterior appearance, quality, facility amenities or exterior materials included in the Construction Plans shall be made without the City’s prior written consent, which consent will not be unreasonably withheld. The Developer shall submit a description of any Material Construction Change to the City. The City shall either approve the Material Construction Change or provide to the Developer specific written comments on the basis for its failure to approve within twenty (20) days following submission. If the City does not respond to the Developer within such 20- day period, the Material Construction Change shall be deemed approved. (c) Upon receipt of a completed application for a Building Permit for the Development Property consistent with the terms of this Agreement, the City agrees to complete review of the application and issue the Building Permit within seven (7) business days provided the Deed to the Development Property has been recorded.
Appears in 1 contract
Samples: Development Agreement
Construction Plans. (a) Subject to Unavoidable Delays, on or before forty five (45) days following execution Before commencing construction of this Agreementthe Minimum Improvements, the Developer shall submit to the City a site plan for the Development Property (“Site Plan”) and the Authority completed Construction Plans for the Minimum ImprovementsPlans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with the Development Program, the TIF Plan, this Agreement, the Site Plan, the TIF Plan and all applicable state State and local laws and regulations. The City shall Authority will approve the Construction Plans in writing if, in the reasonable discretion of the City: (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 City under this Section 4.2 Authority 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 City Authority shall constitute a waiver of an Event of Default. The City shall review If approval of the Construction Plans within thirty (30) days is requested by the Developer in writing at the time of submission of a complete set 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, and either approve the same or provide Developer with a list of specific required changes to shall be made to within 30 days after the Construction Plansdate of their receipt by the Authority. Upon making If the specific changes to the Authority rejects any Construction Plans as required by the Cityin 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 relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans with have been approved by the required changes to the City for Authority. The Authority’s approval and if Developer made the required changes, shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans shall be approved(and the Minimum Improvements, constructed in accordance with said plans) comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto.
(b) If the Developer desires to make any Material Construction Change material change in any the Construction Plans after their approval by the CityAuthority, the Developer shall submit the proposed change to the City Authority for its approval. No changes (each a “Material If the Construction Change”)
(i) which 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 the aggregate would result in an increase or a decrease in the cost writing 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 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 without within ten (10) days after receipt of the Citynotice of such change. The Authority’s prior written consent, which consent approval of any such change in the Construction Plans 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: Contract for Private Development
Construction Plans. (a) Subject to Unavoidable Delays, on or before forty five (45) days following execution Before commencing construction of this Agreementthe Minimum Improvements, the Developer Develoepr shall submit to the City a site plan for the Development Property (“Site Plan”) and Authority the Construction Plans for the Minimum ImprovementsPlans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with this Agreement, the Site TIF Plan, the TIF Plan and all applicable state State and local laws and regulations. The City 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 CityAuthority: (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 City Authority under this Section 4.2 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 City Authority shall constitute a waiver of an Event of Default. The City shall review 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 submission receipt of a complete set of final plans from the Developer. If the Authority fails to reject any Construction Plans and either approve the same or provide Developer with a list of specific required changes to be made submitted to the Construction PlansAuthority within said thirty (30) day period, the Authority shall be deemed to have approved such plans. Upon making If the specific changes to the Authority rejects any Construction Plans as required by the Cityin 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 required changes to provisions of this Agreement relating thereto. The Developer hereby waives any and all claims and causes of action whatsoever resulting from the City for approval and if Developer made the required changes, 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 approvedresponsible 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 Construction Change in any Construction Plans after their approval by the CityAuthority, the Developer shall submit the proposed change to the City Authority 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: Contract for Private Development
Construction Plans. (a) Subject to Unavoidable Delays, on or before forty five (45) days following execution The parties agree and understand that the Minimum Improvements will be constructed under a so-called "design-build" strategy. Before commencement of this Agreementconstruction of each component the Minimum Improvements for which a municipal permit is issued, the Developer shall submit to the City a site plan for the Development Property (“Site Plan”) and the Authority Construction Plans for the Minimum Improvementssuch 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 Site Plan, the TIF Plan and all applicable state State and local laws and regulations. The City shall Authority will approve the Construction Plans in writing if, in the reasonable discretion of the City: ; (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 City under this Section 4.2 Authority 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 City Authority shall constitute a waiver of an Event of Default. The City shall review If approval of the Construction Plans within thirty (30) days is requested by the Developer in writing at the time of submission of a complete set 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 therefore, and either approve the same or provide Developer with a list of specific required changes to shall be made to within 30 days after the Construction Plansdate of their receipt by the Authority. Upon making If the specific changes to the Authority rejects any Construction Plans as required by the Cityin 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 relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans with have been approved by the required changes to the City for Authority. The Authority's approval and if Developer made the required changes, shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans shall be approved(and Minimum Improvements, if constructed in accordance with said plans) comply to the Authority's satisfaction with the provisions of this Agreement relating thereto.
(b) If If, prior to issuance of the Certificate of Completion, the Developer desires to make any Material Construction Change material change in any the Construction Plans after their approval by the CityAuthority 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 City Authority for its approval. No changes (each a “Material If the Construction Change”)
(i) which 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 the aggregate would result in an increase or a decrease in the cost writing 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 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 without within ten (10) days after receipt of the City’s prior written consent, which consent notice of such change. The Authority's approval of any such change in the Construction Plans 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: Contract for Private Development (Excelsior Henderson Motorcycle Manufacturing Co)
Construction Plans. S & B Realty agrees to cause, and shall cause Xxxx Theatres to comply with this Section 4.2. (a) Subject ). Prior to Unavoidable Delayscommencing construction of the Minimum Improvements, on or before forty five (45) days following execution of this Agreement, the Developer Xxxx Theatres shall submit to the City a site plan for the Development Property (“Site Plan”) EDA and the S & B Realty completed Construction Plans for the Minimum ImprovementsPlans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity conformance with this Agreement, the Site Plan, the TIF Plan Agreement and all applicable state State and local laws and regulations. The City regulations and shall approve the Construction Plans in writing if, in the reasonable discretion of the City: (i) the Construction Plans conform be 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 City under this Section 4.2 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 City EDA or S & B Realty shall constitute a waiver of an Event of Default. The Default or waiver of any State or City building or other code requirements that may apply and no approval by S & B Realty shall review constitute a waiver of a Loan Event of Default If approval of the Construction Plans within thirty (30) days is requested by Xxxx Theatres in writing at the time of submission of a complete set of Construction Plans and either approve the same or provide Developer with a list of specific required changes to be made to the Construction Plans. Upon making the specific changes to the Construction Plans as required by the Citysubmission, the Developer shall submit the Construction Plans with the required changes to the City for approval and if Developer made the required changes, the such Construction Plans shall be approved.
(b) deemed approved unless rejected in writing by the EDA, in whole or in part within the time period stated in the next sentence. Such rejections shall set forth in detail the reasons therefor, and shall be made within 30 days after the date of their receipt by the EDA or S & B Realty. If the Developer desires to make any Material Construction Change in EDA or S & B Realty rejects any Construction Plans after their approval by the Cityin whole or in part, the Developer Xxxx Theatres shall submit the proposed change new or corrected Construction Plans within 10 days after written notification to the City for its approval. No changes (each a “Material Construction Change”)
(i) which in the aggregate would result in an increase or a decrease in the cost Xxxx Theatres of the Minimum Improvements by more than ten percent (10%) or (ii) which would materially alter the site planrejection. The provisions of this Section relating to approval, exterior appearance, quality, facility amenities or exterior materials included in rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the EDA and S & B Realty The EDA's approval and S & B Realty’s approval shall be made without the City’s prior written consent, which consent will not be unreasonably withheld. The Developer Said approval shall submit constitute a description of any Material conclusive determination that the Construction Change Plans (and the Minimum Improvements, constructed in accordance with said plans) comply 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 EDA's satisfaction and S & B Realty's satisfaction with the terms provisions of this Agreement, Agreement relating thereto but any approvals by the EDA hereunder will not constitute approval by any City agrees officials regarding any City requirement related to complete construction of the Minimum Improvements. Xxxx Theatres hereby waives any and all claims and causes of action whatsoever resulting from the review of the application and issue Construction Plans by the Building Permit within seven (7) business days EDA or S & B Realty and/or any changes in the Construction Plans requested by the EDA or S & B Realty, provided the Deed EDA shall be bound by its approval and S & B Realty by its approval, of the Construction Plans under the preceding paragraph. Neither the EDA, the City, nor any employee or official of the EDA or City shall be responsible in any Manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Development Property has been recordedConstruction Plans including changes requested by the EDA.
Appears in 1 contract
Samples: Development Agreement
Construction Plans.
(a) Subject to Unavoidable Delays, on or before forty five (45) days following execution Before commencing construction of this Agreementthe Developer Improvements, the Master Developer shall submit to the City a site plan for the Development Property (“Site Plan”) and the Authority Construction Plans for the Minimum ImprovementsDeveloper 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 Site Plan, the TIF Redevelopment Plan and all applicable state State and local laws and regulations. The City shall and the Authority will approve the Construction Plans in writing if, in the reasonable discretion of the City: 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 under this Section 4.2 or the Authority 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. The City and the Authority shall review 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. If the 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 within thirty (30) days of submission of 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 complete set of Construction Plans and either approve the same or provide Developer with a list of specific required changes to be made to the Construction Plans. Upon making the specific changes to conclusive determination that the Construction Plans (and the Developer Improvements, constructed in accordance with said plans) comply to the City and the Authority’s satisfaction with the provisions of this Agreement relating thereto. The City (and as required by the Cityapplicable, the Developer State and the County) shall submit approve the Construction Plans with the required changes pursuant to the City for their customary approval and if Developer made the required changes, the Construction Plans shall be approved.process.
(b) If the Master Developer desires to make any Material Construction Change in any the Construction Plans or any component thereof after their approval by the CityCity and the Authority, the Master Developer shall submit the proposed change to the City and the Authority for its approval. No changes (each a “Material If the Construction Change”)
(i) which 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 aggregate would result in an increase or a decrease in Authority shall notify the cost Master Developer of any rejection of the Minimum Improvements by more than ten percent Construction Plans, and set forth in detail the reasons for the rejection, within twenty (10%20) or (ii) which would materially alter days after the site plan, exterior appearance, quality, facility amenities or exterior materials included 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 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: Private Redevelopment Contract (Canterbury Park Holding Corp)
Construction Plans. (a) Subject to Unavoidable Delays, on or before forty five (45) days following execution Before commencing construction of this Agreementthe Minimum Improvements, the Developer Redeveloper shall submit to the City a site plan for the Development Property (“Site Plan”) and Authority the Construction Plans for the Minimum ImprovementsPlans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with this Agreement, the Site Plan, the TIF Plan Development Program and all applicable state State and local laws and regulations. The City shall Authority will approve the Construction Plans in writing if, in (which approval shall conclusively be deemed given upon issuance by the reasonable discretion City of a building permit for the City: Minimum Improvements) 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 City under this Section 4.2 Authority 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 City Authority shall constitute a waiver of an Event of Default. The City shall review If approval of the Construction Plans is requested by the Redeveloper in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefor based upon the criteria set forth in (i) through (vi) above, and shall be made within thirty twenty (3020) days after the date of submission receipt of final plans from the Redeveloper. If the Authority fails to reject any Construction Plans submitted to the Authority within said twenty- (20) 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 Redeveloper shall submit new or corrected Construction Plans within twenty (20) days after written notification to the 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 complete set of conclusive determination that the approved Construction Plans and either approve the same Minimum Improvements if constructed pursuant thereto comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto. The Redeveloper hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or provide Developer with a list official of specific required changes to the Authority shall be made responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans. Upon making the specific , including changes to the Construction Plans as required requested by the City, the Developer shall submit the Construction Plans with the required changes to the City for approval and if Developer made the required changes, the Construction Plans shall be approvedAuthority.
(b) If the Developer Redeveloper desires to make any Material Construction Change material change in any the Construction Plans or any component thereof after their approval by the CityAuthority, the Developer Redeveloper shall submit the proposed change to the City Authority for its approval. No For the purpose of this Section 4.2, the term “material” means changes (each a “Material Construction Change”)
(i) which in the aggregate would result in an that increase or a decrease in the cost construction costs by 10% or more of the Minimum Improvements total construction costs. If the Construction Plans, as modified by more than ten percent (10%) or (ii) which would materially alter the site planproposed material change, exterior appearanceconform to the requirements of this Section with respect to such previously approved Construction Plans, quality, facility amenities or exterior materials included 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 without within ten (10) days after receipt of the Citynotice of such material change. The Authority’s prior written consent, which consent approval of any such material change in the Construction Plans will not be unreasonably withheld. The Developer shall submit a description of No Authority approval is required for any Material Construction Change 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 Plans that is not respond to the Developer within such 20- day period, the Material Construction Change shall be deemed approvedmaterial as defined herein.
(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: Contract for Private Redevelopment