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ARTICLE V <br />• Construction of Minimum Improvements <br />Section 5.1. Construction of Minimum Improvements The Multifamily Developer <br />agrees that it will construct the Minimum Improvements on the Multifamily Development <br />Property in substantial conformity with the approved Construction Plans and will maintain, <br />preserve and keep the Minimum Improvements or cause the Minimum Improvements to be <br />maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good <br />repair and condition. <br />Section 5.2. Preliminary Plans. The City and the Multifamily Developer acknowledge <br />that before the date of this Agreement the Multifamily Developer submitted to the City <br />Preliminary Plans for the Minimum Improvements. The Preliminary Plans have been reviewed <br />and approved by the City. <br />Section 5.3. Construction Plans. The Multifamily Developer shall deliver the <br />Construction Plans for the Minimum Improvements to the City. The City shall review the <br />Construction Plans and will deliver to the Multifamily Developer within fifteen (15) days after <br />receipt of the Construction Plans, a written statement approving the Construction Plans or a <br />written statement rejecting the Construction Plans and specifying the deficiencies in the <br />Construction Plans. If the City rejects the Construction Plans, in whole or in part, the <br />Multifamily Developer will submit new or corrected Construction Plans within fifteen (15) days <br />after written notification to the Multifamily Developer of the rejection. The provisions of this <br />Section relating to approval, rejection and resubmission of corrected Construction Plans will <br />continue to apply until the Construction Plans have been approved by the City. The City's <br />approval of the Construction Plans shall not be unreasonably withheld, conditioned or delayed. <br />Section 5.4. Chanties to Plans. If the Multifamily Developer desires to make any <br />• .changes in any Construction Plans after their approval by the City, the Multifamily Developer <br />shall submit the proposed change to the City for its approval provided that no approval shall be <br />required if the aggregate amount of such changes do not alter the construction cost for the <br />Development by an increase or decrease of more than ten percent (10%) and if such change is <br />not otherwise required to be submitted to the City pursuant to City law and ordinances or <br />pursuant to any agreement entered into in connection with the City's planned unit development <br />approval. The City's approval of changes pursuant to this Agreement will not be unreasonably <br />withheld, conditioned or delayed. If the Construction Plans, as modified by the proposed change, <br />are acceptable to the City, the City shall approve the proposed change and notify the Multifamily <br />Developer in writing of its approval. Any requested change in the Construction Plans shall, in <br />any event, be deemed approved by the City unless rejected, in whole or in part, by written notice <br />by the City to the Multifamily Developer, setting forth in detail the reasons therefor. Such <br />rejection shall be made within ten (10) days after receipt of the notice of such change. <br />Section 5.5. Commencement and Completion of Construction Subject to Unavoidable <br />Delays, the Multifamily Developer shall commence construction of the Minimum Improvements <br />within thirty (30) days after the Closing Date and complete such construction within twenty four <br />(24) months after commencement. All work with respect to the Minimum Improvements to be <br />13 <br />~~ <br />