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2019.04.03 EDC Packet
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2019.04.03 EDC Packet
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20 <br />Subject to Unavoidable Delays, Redeveloper shall complete construction on or before the date <br />that is 5 years after the Closing Date (subject to Unavoidable Delays). <br /> <br />Section 5.5. Construction of Model Home. Following conveyance by the City of the <br />Redevelopment Property, the Redeveloper shall, at its sole cost and expense, construct thereon <br />the model home associated with the Minimum Improvements (the “Model Home”), in <br />accordance with the Construction Plans, as soon practicable, but no later than July 31, 2020 <br />(subject to Unavoidable Delays). <br /> <br /> Section 5.6. Preliminary Plans and Construction Plans. <br /> <br />(a) Preliminary Plans. The Redeveloper shall submit Preliminary Plans to the City <br />consisting of typical floor plans and sketches of the typical exterior and interior of the proposed <br />Minimum Improvements which illustrate the size and character of the proposed buildings. The <br />Preliminary Plans shall not be inconsistent with the Site Plan, this Agreement or any applicable <br />state and local laws and regulations, insofar as said consistency may be determined at said <br />preliminary stage. If approval of the Preliminary Plans is requested in writing by the <br />Redeveloper at the time of submission thereof to the City, the City shall approve or reject (in <br />whole or in part) such Preliminary Plans in writing within twenty (20) days after the date of <br />receipt thereof. In no written rejection is made within said twenty (20) days, the Preliminary <br />Plans shall be deemed approved by the City. Any rejection shall set forth in detail the reasons <br />therefor. If the City rejects the Preliminary Plans, in whole or in part, the Redeveloper shall <br />submit new or revised Preliminary Plans within a reasonable time after receipt by the <br />Redeveloper of the notice of rejection. The provisions of this Section relating to approval, <br />rejection and resubmission of new or revised Preliminary Plans shall continue to apply until the <br />Preliminary Plans have been approved by the City. The City’s approval of the Preliminary Plans <br />shall not be unreasonably withheld. <br /> <br />(b) Construction Plans. Prior to the Redeveloper’s commencement of construction of <br />the Minimum Improvements, the Redeveloper shall submit Construction Plans to the City. The <br />Construction Plans shall provide for the construction of the Minimum Improvements and shall be <br />in conformity in all material respects with this Agreement, the Preliminary Plans, and all <br />applicable state and local laws and regulations. The City shall approve the Construction Plans in <br />writing if: (i) the Construction Plans conform in all material respects to the terms and conditions <br />of the Preliminary Plans and this Agreement; (ii) the Construction Plans conform to all <br />applicable federal, State and local laws, ordinances, rules and regulations; (iii) the Construction <br />Plans are adequate to provide for the construction of the Minimum Improvements; and (iv) no <br />Event of Default has occurred and is continuing. <br /> <br />No approval by the City shall be deemed to relieve the Redeveloper of the obligation to comply <br />with the terms of this Agreement and applicable federal, State and local laws, ordinances, rules <br />and regulations, or to construct the Minimum Improvements in accordance therewith. No <br />approval by the City shall constitute a waiver of any Event of Default. <br /> <br />Upon the Redeveloper’s submittal of the Construction Plans to the City, such Construction Plans <br />shall be deemed approved unless rejected in writing by the City, in whole or in part, as governed
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