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City shall have seven (7) business days to reasonable approve or disapprove of the revised <br />design. The process for revision and review of revisions shall be repeated until the City has <br />approved the applicable submittals; provided, however that if the City's approval of the drawings <br />has not been obtained by one hundred twenty (120) days following the date of the Developer's <br />initial submission then the City may terminate this Agreement pursuant to Section 8.4. <br />(b) The Developer acknowledges that the City's right to review and approve <br />the Construction Plans under this Agreement are in addition to, and shall not be limited by, the <br />City's obligation and right to review the Construction Plans for consistency with applicable <br />building code requirements and other State and local rules and regulations. The Developer <br />further acknowledges that the City shall have no obligation to approve Construction Plans, <br />pursuant to this Agreement, in the event that the Developer fails to incorporate the City's <br />commercially reasonable requested changes or modifications to the proposed Construction Plans <br />(even in the event that such requested changes or modifications exceed the minimum thresholds <br />set forth in the applicable building code and have not been required by the City's building <br />department so long as the request is consistent with the Logical Evolution of previously <br />approved drawings under subsection (a)(3) above). The Developer further acknowledges that <br />approval of the Construction Plans by the City under this Agreement does not constitute approval <br />by the City as required for issuance of a building permit or other approvals. <br />Section 2.4 Financing Plan. <br />(a) As of the Effective Date, the City has approved the Financing Plan <br />attached to this Agreement as Exhibit D. The Developer shall promptly submit any proposed <br />material amendments to the Financing Plan, including but not limited to any material <br />amendments or modifications to the development budget, or the commitment letter from any <br />other lender, to the City. Written consent of the City shall be required to amend the Financing <br />Plan; provided that the City shall consent to any amendment of the Financing Plan that increases <br />the cost of the construction of the Improvements if such amendment also demonstrates that there <br />is Approved Financing (or any source other than assistance from the City or the City) available <br />to pay for such increases. The updates to the Financing Plan shall include: <br />(1) An estimated operating proforma for the Development for fifty- <br />seven (57) years, which shall show debt service on all loans (including, but not limited to the <br />Loan); <br />(2) An estimated sources and uses, including a cost breakdown for <br />costs of constructing the Improvements. The sources and uses shall include all assumptions for <br />all debt and equity financing, shall show the timing of uses of each source of financing and shall <br />break down which expenses each source of financing is funding. The sources and uses shall <br />detail the amount of the Developer Fee, if any, which cannot exceed the amount set forth in <br />Section 4.8, and shall provide a proposed schedule of payments of the fees paid to the Developer, <br />if any, based on performance milestones as to be mutually agreed to by the Developer and the <br />City. <br />(3) A description of any joint ventures (including, but not limited to <br />the admission of any additional members to the Developer) or partnerships the Developer <br />REV: 06-17-2020 PR <br />1199\09\2727850.8 <br />ATTY/AGR.2020.100/353 Main Street Apartments LP (Page 18 of 143) <br />