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07-01-2019 Council Packet
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07-01-2019 Council Packet
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10/30/2021 1:08:48 PM
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7/8/2019 12:27:13 PM
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City Council
Council Document Type
Council Packet
Meeting Date
07/01/2019
Council Meeting Type
Work Session Regular
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14 <br />ARTICLE IV <br /> <br />Construction of Minimum Improvements <br /> <br /> <br />Section 4.1. Construction of Improvements. The Developer agrees that it will construct the <br />Minimum Improvements on the Development Property substantially in accordance with the <br />approved Construction Plans and at all times prior to the Maturity Date, will cause the Minimum <br />Improvements to be operated and maintained, preserved and kept with the appurtenances and every <br />part and parcel thereof, in good repair and condition. <br /> <br />Section 4.2. Construction Plans. <br /> <br />(a) Before commencing construction of the Minimum Improvements, the Developer <br />shall submit to the Authority the Construction Plans for the Minimum Improvements. The <br />Construction Plans shall provide for the construction of the Minimum Improvements and shall be in <br />substantial conformity with the Development Program, this Agreement, and all applicable State and <br />local laws and regulations. The Authority Representative will approve the Construction Plans in <br />writing if: (i) the Construction Plans conform to all terms and conditions of this Agreement; (ii) the <br />Construction Plans conform to the goals and objectives of the Development Program; (iii) the <br />Construction Plans conform to all applicable federal, State and local laws, ordinances, rules and <br />regulations; (iv) the Construction Plans are adequate to provide for construction of the Minimum <br />Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds <br />available to the Developer from all sources (including the Developer’s equity) for construction of <br />the Minimum Improvements; and (vi) no Event of Default has occurred and is continuing. <br />Approval may be based upon a review by the City’s building official of the Construction Plans. No <br />approval by the Authority Representative shall relieve the Developer of the obligation to comply <br />with the terms of this Agreement or of the Development Program, applicable federal, state and local <br />laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance <br />therewith. No approval by the Authority Representative shall constitute a waiver of an Event of <br />Default. If approval of the Construction Plans is requested by the Developer in writing at the time <br />of submission, such Construction Plans shall be deemed approved unless rejected in writing by the <br />Authority Representative, in whole or in part. Such rejections shall set forth in detail the reasons <br />therefor, and shall be made within ten (10) days after the date of their receipt by the Authority. If <br />the Authority Representative rejects any Construction Plans in whole or in part, the Developer shall <br />submit new or corrected Construction Plans within ten (10) days after written notification to the <br />Developer of the rejection. The provisions of this Section relating to approval, rejection and <br />resubmission of corrected Construction Plans shall continue to apply until the Construction Plans <br />have been approved by the Authority. The Authority Representative’s approval shall not be <br />unreasonably withheld, delayed or conditioned. Said approval shall constitute a conclusive <br />determination that the Construction Plans (and the Minimum Improvements constructed in <br />accordance with said plans) comply to the Authority’s satisfaction with the provisions of this <br />Agreement relating thereto. <br /> <br />(b) If the Developer desires to make any Material Change in the Construction Plans or <br />any component thereof after their approval by the Authority, the Developer shall submit the
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