Preparation and Acquisition of Plans and Specifications. The Company agrees to submit to the County the plans and specifications and construction contract documents for each of the Project Facilities, other than Cow Camp Bridge and Road listed in Exhibit A Part I.2, which have already been commenced (the “Existing Plans”) to the extent that the Company desires to have such Facilities be financed with proceeds of the Series A of 2022 Bonds. Upon receipt of written notice from the Director, the Company agrees to cause plans and specifications and construction contract documents (the “Future Plans” and collectively with the Existing Plans, the “Plans”) to be prepared for each of the Project Facilities, other than Cow Camp Bridge and Road listed in Exhibit A Part I.2, not commenced prior to the date of this Agreement which the Company desires to be financed with the proceeds of the Series A of 2022 Bonds. The Plans shall be prepared in accordance with the County’s general requirements for plans for public improvements and all provisions of this Agreement. The Company shall obtain the written approval of the Director for any Future Plans for Project Facilities and the Drainage Basin Facility or portions thereof which are to be prepared by the Company, and shall have any Project Facility and the Drainage Basin Facility, inspected by the County to receive approval of completion in accordance with Director-approved Plans. Upon submission to the Director by the Company of the completed Plans satisfactory to the Director for any Project Facility and the Drainage Basin Facility, the Director shall notify the Company that the Plans for such Project Facility and the Drainage Basin Facility have been approved and are eligible for acquisition and/or financing when the related Project Facility and the Drainage Basin Facility is complete and is acquired and/or financed pursuant to the terms of this Agreement. The County has previously approved Existing Plans and certain agreements as more specifically set forth in that certain Construction Agreement for Cow Camp Road (Segment I, Phases 1a and 1b) dated April 9, 2013, by and between the County and the Company (as amended, the “Cow Camp Agreement”). In addition, the Cow Camp Agreement provides the process for approval of Future Plans and agreements in the future, and the County and the Company may enter into further agreements relating to the construction of other segments of Cow Camp Road (each, a “Future Cow Camp Agreement”). Notwithstanding any provision in this Agreement to th...
Preparation and Acquisition of Plans and Specifications. For Project Facilities other than Cow Camp Road listed in Exhibit A Part I B.1, to the extent not already commenced, upon receipt of written notice from the Director of OC Public Works (the “Director”), the Company agrees to cause plans and specifications and construction contract documents (collectively the “Plans”) to be prepared for all Project Facilities, or portions thereof, listed on Exhibit A which the County is requested to acquire from the Company with the proceeds of the Bonds. The Plans will be prepared in accordance with the County’s general requirements for plans for public improvements and all provisions of this Agreement. The Company shall obtain the written approval of the Director for any Plans for Project Facilities or portions thereof which are to be prepared by the Company. Upon submission to the Director by the Company of the completed Plans satisfactory to the Director for any Project Facility, the Director shall notify the Company that the Plans for such Project Facility have been approved and are eligible for acquisition when the related Project Facility is complete and is acquired pursuant to the terms of this Agreement. The County has previously approved Plans and certain agreements as more specifically set forth in that certain Construction Agreement for Cow Camp Road (Segment I, Phases 1a and 1b) dated April 9, 2013, by and between the County and the Company (as amended, the “Cow Camp Agreement”). In addition, the Cow Camp Agreement provides the process for approval of Plans and agreements in the future, and the County and the Company may enter into further agreements relating to the construction of other segments of Cow Camp Road (each, a “Future Cow Camp Agreement”). Notwithstanding any provision in this Agreement to the contrary, the provisions of this Section 4(b) shall not apply to any Plans or other agreements approved pursuant to the Cow Camp Agreement or any Future Cow Camp Agreement, but such Plans shall remain eligible for reimbursement as otherwise provided in this Agreement.
