Agmt21 ROEM Project at 353 Main - Laserfiche WebLink

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infrastructure plans and a building permit or permits. No later than the date set forth in the Development Schedule, the Developer shall deliver evidence to the City that the Developer is entitled to issuance of a building permit for the Improvements upon payment of permit fees or that Developer has obtained a permit -ready letter in place of a building permit. Only upon delivery to the City of such evidence in form reasonably satisfactory to the City shall the precondition of this Section be deemed met. If such evidence is not delivered within the time set forth in the Development Schedule, this Agreement may be terminated pursuant to Section 7.3. (b) The Developer acknowledges that execution of this Agreement by the City does not constitute approval by the City or the City of any required entitlements, building permits, or other construction approvals, and in no way limits the discretion of the City or the City in the permit allocation and approval process. Section 2.3 Review and A roval of Design and Construction Documents. (a) In designing and constructing the Development, Developer shall cause all design documents to be substantially consistent with the Scope of Development and Concept Drawings attached as Exhibit C. The Scope of Development, the Concept Drawing shall establish the baseline design standards from which Developer shall prepare all subsequent Construction Plans. The Construction Plans shall incorporate any applicable mitigation measures, reasonably imposed on the Development by the City. Within the times set forth in the Development Schedule, Developer shall submit to the City the Construction Plans in the following stages: (1) Final Construction Drawings. The Final Construction Drawings shall Logically Evolve from the approved Concept Drawings. The Final Construction Drawings must provide all the detailed information necessary to obtain a building permit to build the Improvements including complete building, mechanical systems, site, landscape, exterior signage and construction details, requirements, standards, and plans and specifications. (2) Approval of Construction Plans. The purpose of the City's review of the Construction Plans under this Agreement is to ensure consistency with the Scope of Development, the provisions of this Agreement, and conformance to the Redevelopment Plan. Provided that the submittals meet the requirements of this Section, the City shall be required to approve those Construction Plans which Logically Evolve from concepts set forth in previously approved Construction Plans. For purposes of this Section, the phrase "Logical Evolution" or "Logically Evolve" means a refinement or amplification of the previously approved drawings into subsequently approved drawings. If the City reasonably determines that there are material changes which are not Logical Evolutions from previously approved Construction Plans or which raise material concerns that were not reviewable in previously approved Construction Plans, in approving or disapproving such Construction Plans, the City shall act in its reasonable discretion. Any disapproval of the new Construction Plans shall be in writing and shall state in detail the reasons for the City's disapproval. The City shall approve or disapprove submittals under this Section within twenty (20) days of receipt of the submittal from Developer. In the event the City disapproves a submittal of the Construction Plans pursuant to this Section, the City shall submit a list of reasons for such disapproval to Developer, together with its notice of disapproval. Upon receipt of such notice from the City, Developer shall have fifteen (15) business days to resubmit a revised submittal. Upon the City's receipt of a revised submittal, the REV: 06-17-2020 PR 1199\09\2727850.8 ATTY/AGR.2020.100/353 Main Street Apartments LP (Page 17 of 143)