07-22-2019 EDA Packet - Laserfiche WebLink

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14 ARTICLE IV Construction of Minimum Improvements and Infrastructure Improvements Section 4.1. Construction of Improvements. The Developer agrees that it will construct the Minimum Improvements, Skilled Nursing Units, and the Infrastructure Improvements substantially in accordance with the approved Construction Plans and at all times prior to the Termination Date, will cause the Minimum Improvements and Skilled Nursing Units to be operated and maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. Construction of the Skilled Nursing Units is subject to the provisions of Section 3.4 hereof. Section 4.2. Construction Plans. (a) Before commencing construction of the Minimum Improvements, Skilled Nursing Units, or the Infrastructure Improvements, the Developer shall submit to the Authority the Construction Plans for the Minimum Improvements, Skilled Nursing Units, or the Infrastructure Improvements (which may be submitted at separate times), as applicable. The Construction Plans shall provide for the construction of the Minimum Improvements, Skilled Nursing Units, or the Infrastructure Improvements, as applicable, and shall be in substantial conformity with the Development Program, this Agreement, and all applicable State and local laws and regulations. The Authority Representative will approve the Construction Plans in writing if: (i) the Construction Plans conform to all terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Development Program; (iii) the Construction Plans conform to all applicable federal, State and local laws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for construction of the Minimum Improvements, Skilled Nursing Units (subject to Section 3.4 hereof), or the Infrastructure Improvements, as applicable; (v) the Construction Plans do not provide for expenditures in excess of the funds available to the Developer from all sources (including the Developer’s equity) for construction of the Minimum Improvements, Skilled Nursing Units, or the Infrastructure Improvements, as applicable; and (vi) no Event of Default has occurred and is continuing. Approval may be based upon a review by the City’s building official of the Construction Plans. No approval by the Authority Representative shall relieve the 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 Minimum Improvements, Skilled Nursing Units, and the Infrastructure Improvements in accordance therewith. No approval by the Authority Representative shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority Representative, in whole or in part. Such rejections shall set forth in detail the reasons therefor, and shall be made within ten (10) days after the date of their receipt by the Authority. If the Authority Representative rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within ten (10) days after written notification to the 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 Authority. The Authority Representative’s