5.1. HRSR 12-06-2004 - Laserfiche WebLink

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ARTICLE IV • CONSTRUCTION OF MINIMUM IMPROVEMENTS Section 4.1 Construction Plans. (a) Prior to the commencement of construction of the Minimum Improvements, the Developer will deliver to the City Council the Construction Plans, a parking plan for the construction staging period and the post construction period (the "Parking Plans") and a sworn construction cost statement certified by the Developer and the general contractor (the "Sworn Construction Cost Statement"). The Construction Plans and the Sworn Construction Cost Statement will exclude matters relating to the build out of individual commercial space and the build out of individual for sale units in the Bluff Block Housing Project. Within thirty (30) days after receipt of the Construction Plans, the Parking Plans and the Sworn Construction Cost Statement the City Council shall review the Construction Plans and the Parking Plans and deliver to the Developer a written statement approving the Construction Plans and the Parking Plans or a written statement rejecting the Construction Plans and specifying the deficiencies in the Construction Plans and the Parking Plans. The City Council shall approve the Construction Plans if: (i) the Construction Plans substantially conform to the terms and conditions of this Agreement; (ii) the Construction Plans are consistent with the goals and objectives of the Development'Program; and (iii) the Construction Plans do not violate any applicable federal, State or local laws, ordinances, rules or regulations except as set forth in approved variances (provided, however, that a finding of no such violations does not necessarily constitute a finding that the Construction Plans meet all requirements of such federal, State or local laws, ordinances, rules or regulations). If the Construction Plans and/or the Parking Plans are not approved by the City Council, then the Developer shall make such changes as the City Council may reasonably require and resubmit the Construction Plans and/or the Parking Plans to the City Council for approval. (b) The approval of Construction Plans, or any proposed amendment to the Construction Plans, by the City Council for purposes of this Agreement does not constitute a representation or warranty by the City that any of the Construction Plans or the Minimum Improvements comply with any applicable building code, health or safety regulation, zoning regulation, environmental law or other law or regulation, or that the Minimum Improvements will meet the qualifications for issuance of a certificate of occupancy, or that the Minimum Improvements will meet the requirements of the Developer or any other users of the Minimum Improvements. Approval of the Construction Plans, or any proposed amendment to any of the Construction Plans, by the City will not constitute a waiver of an Event of Default. Nothing in this Development Agreement shall be construed to relieve the Developer of its obligations to receive approval of the Construction Plans from any City department. Section 4.2 Construction of Minimum Improvements. Subject to the terms and conditions of this Agreement, the Developer agrees to construct the Minimum Improvements on the Development Property in substantial conformance with the approved Construction Plans for the Minimum Improvements. No changes shall be made to the Construction Plans for any of the Minimum Improvements without the City's prior written approval unless such changes do not 1674205v8 22 •