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<br />ARTICLE IV <br /> <br />CONSTRUCTION OF MINIMUM IMPROVEMENTS <br /> <br />Section 4.1 Construction Plans. <br /> <br />(a) Prior to the commencement of construction of the Minimum Improvements, the <br />Developer will deliver to the City Council the Construction Plans, a parking plan for the <br />construction staging period and the post construction period (the "Parking Plans") and a sworn <br />construction cost statement certified by the Developer and the general contractor (the "Sworn <br />Construction Cost Statement"). The Construction Plans and the Sworn Construction Cost <br />Statement will exclude matters relating to the build out of individual commercial space and the <br />build out of individual for sale units in the Bluff Block Housing Project. Within thirty (30) days <br />after receipt of the Construction Plans, the Parking Plans and the Sworn Construction Cost <br />Statement the City Council shall review the Construction Plans and the Parking Plans and deliver <br />to the Developer a written statement approving the Construction Plans and the Parking Plans or a <br />written statement rejecting the Construction Plans and specifying the deficiencies in the <br />Construction Plans and the Parking Plans. The City Council shall approve the Construction <br />Plans if: (i) the Construction Plans substantially conform to the terms and conditions of this <br />Agreement; (ii) the Construction Plans are consistent with the goals and objectives of the <br />Development Program; and (iii) the Construction Plans do not violate any applicable federal, <br />State or local laws, ordinances, rules or regulations except as set forth in approved variances <br />(provided, however, that a finding of no such violations does not necessarily constitute a finding <br />that the Construction Plans meet all requirements of such federal, State or local laws, ordinances, <br />rules or regulations). If the Construction Plans and/or the Parking Plans are not approved by the <br />City Council, then the Developer shall make such changes as the City Council may reasonably <br />require and resubmit the Construction Plans and/or the Parking Plans to the City Council for <br />approval. <br /> <br />(b) The approval of Construction Plans, or any proposed amendment to the <br />Construction Plans, by the City Council for purposes of this Agreement does not constitute a <br />representation or warranty by the City that any of the Construction Plans or the Minimum <br />Improvements comply with any applicable building code, health or safety regulation, zoning <br />regulation, environmental law or other law or regulation, or that the Minimum Improvements <br />will meet the qualifications for issuance of a certificate of occupancy, or that the Minimum <br />Improvements will meet the requirements of the Developer or any other users of the Minimum <br />Improvements. Approval of the Construction Plans, or any proposed amendment to any of the <br />Construction Plans, by the City will not constitute a waiver of an Event of Default. Nothing in <br />this Development Agreement shall be construed to relieve the Developer of its obligations to <br />receive approval of the Construction Plans from any City department. <br /> <br />I 824344vRED V2 to VI; 10/12/05 <br /> <br />24 <br /> <br /> <br />Section 4.2 Construction of Minimum Improvements. Subject to the terms and <br />conditions of this Agreement, the Developer agrees to construct the Minimum Improvements on <br />the Development Property in substantial conformance with the approved Construction Plans for <br />the Minimum Improvements. No changes shall be made to the Construction Plans for any of the <br />