Modification of Construction Plans. (a) No changes to the approved Construction Plans materially affecting the elevations of the structures, the footprint of the structures, exterior materials, fenestration, unit mix or density of the Project Improvements shall be made without giving written notice to the CDA Project Manager (“Modifications”). If the Company wishes to make Modifications to the approved Construction Plans or Site Plan, or to change the Construction Agreements in connection with the Modifications (“Change Orders”), YIDA shall submit the proposed Modifications and/or Change Orders to the Planning Department or the Building Department, as the case may be, for review and approval, with copies to the CDA Project Manager. No Modifications or Change Orders for the Waterfront Public Improvements, New Street and/or any other public improvement shall be made without the written approval of the CDA Project Manager. If CDA determines, in its reasonable judgment, that the proposed Modifications or Change Orders for the Waterfront Public Improvements, New Street and/or any other public improvement conform to the requirements of the LDA and this Lease, and are substantially consistent with the approved Site Plan, the Construction Plans and/or the Construction Agreements, CDA shall so notify YIDA, and the plans and agreements for which such Modifications or Change Orders were submitted shall be deemed to incorporate the Modifications that have been approved by CDA, and the Company’s obligations under the LDA and this Lease shall be performed in accordance with such plans as so modified. If CDA determines, in its reasonable judgment, that the proposed Modifications or Change Orders are not acceptable, CDA shall so notify YIDA, specifying in reasonable detail in what respects they are not acceptable, and YIDA shall either (i) withdraw the proposed Modifications or Change Orders, in which case, construction of the Improvements shall proceed on the basis of the Construction Plans or Construction Agreements previously approved by CDA, or (ii) revise the proposed Modifications or Change Orders in response to the CDA's objections, and resubmit such Modifications or Change Orders to CDA for review and approval within thirty (30) days after such notification from CDA. Each review by CDA under this subsection shall be carried out within ten (10) business days following the date of submission of the proposed change.
Modification of Construction Plans. The Redeveloper shall submit any proposed modifications to the Construction Plans for approval by the Agency. The Agency agrees to act in good faith and exercise its discretion in a reasonable manner in considering whether to approve any such modifications. To the extent that any such modifications would be deemed to “substantially change” the Construction Plans, such modifications shall also be subject to the approval of the Common Council. For purposes of the immediately preceding sentence, as it relates to the term “substantial change,” the parties agree that a “substantial change” shall be limited to the following: (i) any material changes in the uses proposed for the Project Site or portion thereof depicted in the Construction Plans which differs from the uses shown on the prior Construction Plans, (ii) any dimensional changes which (either individually, or cumulatively) would increase by more than ten (10%) percent either the highest maximum building height or greatest maximum floor area ratio presently permitted in the Project Site pursuant to the Redevelopment Plan and the Zoning Regulations, (iii) any material change in appearance or location of a structure or change in material utilized, (iv) any reduction in the number of Public Parking Spaces, or a ten (10%) percent or more reduction in the total number of parking spaces previously depicted on the Construction Plans, (v) a ten (10%) percent or more reduction in the number of affordable housing units, or (vi) a ten (10%) percent or more change, in the aggregate, in the residential unit count or bedroom count for the Project. With respect to any requests by the Redeveloper for Agency (or, where required, Common Council) approval of any modifications to the Construction Plans, the Agency (and, where required, the Common Council) shall each have ten (10) days after its next regularly scheduled meeting (or if said modifications are not submitted at least ten (10) days prior to the next regularly scheduled meeting, then ten (10) days after the next succeeding regularly scheduled meeting) to provide written approval or disapproval of the proposed modifications to the Construction Plans, or a written request for further information, or further time for review, if necessary. If the Common Council and/or the Agency disapprove in whole or in part the proposed modifications to the Construction Plans, the Common Council and/or the Agency shall state in writing the reasons for such disapproval, and the Redev...
