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01-04-1999 WS & CC
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01-04-1999 WS & CC
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MV City Council
City Council Document Type
City Council Packets
Date
1/4/1999
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BRIGGS&MORGAN Fax:6512236645 Dec 11 '98 16:57 P. 15 <br /> ARTICLE IV <br /> CONSTRUCTION OF MINIMUM IMPROVEMENTS <br /> Section 4.1. Construction of Minimum Improvements. The <br /> Developer agrees that it will cause the Minimum Improvements on <br /> the Development Property to be constructed substantially in <br /> conformance with the approved Construction Plans . The Developer <br /> agrees that the scope and scale of the Minimum Improvements to be <br /> constructed shall not be significantly less than the scope and <br /> scale of the Minimum Improvements as detailed and outlined in the <br /> Construction Plans. <br /> Section 4 .2 . Construction Plans. The Developer shall <br /> cause to be provided to the City Construction Plans, which shall <br /> be subject to approval by the City as provided in this Section <br /> 4 .2 . The Construction Plans shall provide for the Minimum <br /> Improvements to be constructed on the Development Property, and <br /> shall be in conformity with this Agreement, and all applicable <br /> state and local laws and regulations. The City shall approve the <br /> Construction Plans in writing if: (a) the Construction Plans <br /> conform to the terms and conditions of this Agreement; (b) the <br /> Construction Plans conform to the terms and conditions of the <br /> Development Program; (c) the Construction Plans conform to all <br /> applicable federal, state and local laws, ordinances, rules and <br /> regulations; (d) the Construction Plans are adequate for purposes <br /> of this Agreement to provide for the construction of the Minimum <br /> Improvements; and (e) no Event of Default under the terms of this <br /> Agreement has occurred; provided, however, that any such approval <br /> of the Construction Plans pursuant to this Section 4 .2 shall <br /> constitute approval for the purposes of this Agreement only and <br /> shall not be deemed to constitute approval or waiver by the City <br /> with respect to any building, zoning or other ordinances or <br /> regulation of the City, and shall not be deemed to be sufficient <br /> plans to serve as the basis for the issuance of a building permit <br /> if the Construction Plans are not as detailed or complete as the <br /> plans otherwise required for the issuance of a building permit. <br /> The Construction Plans must be rejected in writing by the <br /> City within thirty (30) days of submission or shall be deemed to <br /> have been approved by the City. If the City rejects the <br /> Construction Plans such rejection must <br /> be in writin and must specify with artieularity the reasons for <br /> such rejection. The Developer shall submit new or corrected <br /> Construction Plans within thirty (30) days after receipt by the <br /> Developer of the written notification of the rejection <br /> rded by a wz It t-elk btet=Trrer L - i Lh - Ci Ly Ole <br /> tt'SF3Ct.t.� 111 which the ambLru ..tion Plans s,Lala.Lted LI Lie <br /> 965316.Red <br /> v2 to v1; 12/11/98 11 <br />
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