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07-28-1999 Council Agenda
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07-28-1999 Council Agenda
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the plans otherwise required for the issuance of a building <br />permit. <br />The Construction Plans must be rejected in writing by <br />the City within thirty (30) days of submission or shall be <br />deemed to have been approved by the City. if the City <br />rejects the Construction Plans in whole or in part, the <br />Developer shall submit new or corrected Construction Plans <br />within thirty (30) days after receipt by the Developer of <br />written notification of the rejection, accompanied by a <br />written statement of the City specifying the respects in <br />which the Construction Plans submitted by the Developer fail <br />to conform to the requirements of this Section 4.2. The <br />provisions of this Section 4.2 relating to approval, <br />rejection and resubmission of corrected Construction Plans <br />shall continue to apply until the Construction Plans have <br />been approved by the City; provided, however, that in any <br />event the Developer shall submit Construction Plans which <br />are approved prior to reconveyance of the Development <br />Property to the Developer by the City or commencement of <br />construction of the Minimum Improvements. Approval of the <br />Construction Plans by the City shall not relieve the <br />Developer of any obligation to comply with the terms and <br />provisions of this Agreement, or the provision of applicable <br />federal, state and local laws, ordinances and regulations, <br />nor shall approval of the Construction Plans by the City be <br />deemed to constitute a waiver of any Event of Default. <br />If the Developer desires to make any material change in <br />the Construction Plans after their approval by the City, the <br />Developer shall submit the proposed change to the City for <br />its approval. If the Construction Plans, as modified by the <br />proposed change, conform to the approval criteria listed in <br />this Section 4.2 with respect to the original Construction <br />Plans and do not constitute a material modification to the <br />scope, size or use of the Project or to the site plan <br />therefor, the City shall approve the proposed change. Such <br />change in the Construction Plans shall be deemed approved by <br />the City unless rejected in writing within ten (10) days by <br />1054867.2 <br />Page 65 <br />
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