4.7 SR 01-02-2018 - Laserfiche WebLink

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ARTICLE IV CONSTRUCTION OF MINIMUM IMPROVEMENTS AND PUBLIC IMPROVEMENTS Section 4.1. Construction of Minimum Improvements. Subject to all other terms and conditions of this Agreement, the Developer agrees that it will construct, or cause to be constructed, the Developer's Minimum Improvements in accordance with the terms of this Agreement and the approved Construction Plans. At all times prior to the Termination Date the Developer will operate and maintain, preserve and keep the Developer's Minimum Improvements or cause the Minimum Improvements to be operated, maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. Section 4.2. Construction Plans. (a) Before commencement of construction of the Developer's Minimum Improvements and subject to the necessary completion of the City Site Work, Developer shall submit to the City Construction Plans. The City will approve such Construction Plans in writing if. (i) such Construction Plans conform to the terms and conditions of this Agreement; (ii) such Construction Plans conform to the goals and objectives of the Development Program; (iii) such Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iv) such Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds available to Developer for construction of the Minimum Improvements; and (vi) no Event of Default by either of the Parties has occurred. No approval by the City shall relieve Developer of the obligation to comply with the terms of this Agreement or of the Development Program, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Developer's Minimum Improvements in accordance therewith. No approval by the City shall constitute a waiver of an Event of Default, except as may be agreed to in writing signed by the Parties. If approval of the Construction Plans is requested by Developer in writing at the time of submission by the Developer, such Construction Plans shall be deemed approved unless rejected in writing by the City, in whole or in part within 30 days of such submission. Such rejections shall set forth in detail the reasons therefore, and shall be made within 30 days after the date of their receipt by the City. If the City rejects any Construction Plans in whole or in part, Developer shall submit new or corrected Construction Plans within 30 days after written notification to 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. The City's approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans (and the Developer's Minimum Improvements and the City's Minimum Improvements, constructed in accordance with said plans) comply to the City'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 City and/or any changes in the Construction Plans requested by the City. Neither the City nor any employee or official of the City 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 City. 17 512017v5 JSB BL185-52