3B Public Hearing 2012 0521 - Laserfiche WebLink

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4.9 Construction Plans. By not later than one hundred and fifty (150) days following the Effective Date Developer shall submit to City's Building Department detailed construction plans for the development of the Project (the "Construction Plans "). As used herein "Construction Plans" means all construction documents upon which Developer and Developer's contractors shall rely in developing the Property (including the landscaping, parking, and public areas) and shall include, without limitation, a site development plan which shall show the use, size, elevation and location of all buildings, the number and location of parking spaces, specific treatment and location of all pedestrian and outdoor dining areas, the location of all pedestrian and vehicular ingress and egress points, and the location of public streets and all other improvements; final architectural drawings, landscaping, exterior lighting and signage plans and specifications; materials specifications; final elevations; and building plans and specifications. The Construction Plans shall be based upon the scope of development set forth herein and upon the approvals issued by the City for the Project, including the Development Concept Plan approved by the City Council, and shall not materially deviate therefrom without the express written consent of City. 4.10 Construction Pursuant to Plans. Developer shall develop the Project on the Property in accordance with the approved Construction Plans, the Conditions of Approval, and all other permits and approvals granted by the City pertaining to the Project. Developer shall comply with all directions, rules and regulations of any fire marshal, health officer, building inspector or other officer of every governmental agency having jurisdiction over the Property or the Project. Each element of the work shall proceed only after procurement of each permit, license or other authorization that may be required for such element by any governmental agency having jurisdiction. All design and construction work on the Project shall be performed by licensed contractors, engineers or architects, as applicable. 4.11 Change in Construction Plans. If Developer desires to make any material change in the approved Construction Plans, Developer shall submit the proposed change in writing to the City for its written approval, which approval shall not be unreasonably withheld or delayed if the Construction Plans, as modified by any proposed change, conform to the requirements of this Agreement and any approvals issued by City after the Effective Date. City shall respond reasonably promptly to requests from Developer for approval of material changes. If rejected, the previously approved Construction Plans shall continue to remain in full force and effect. Any change in the Construction Plans required in order to comply with applicable codes shall be deemed approved, so long as such change does not substantially nor materially change the architecture, design, function, use, or amenities of the Project as shown on the latest approved Construction Plans. Nothing in this Section is intended to or shall be deemed to modify the City's standard plan review procedures. 4.12 Defects in Plans. City shall not be responsible to Developer or to any third party for any defect in the Construction Plans or for any structural or other defect in any work done pursuant to the Construction Plans. Developer shall indemnify, defend (with counsel approved by City) and hold harmless the Indemnitees from and against all Claims arising out of, or relating to, or alleged to arise from or relate to defects in the Construction Plans or defects in any work done pursuant to the Construction Plans whether or not any insurance policies shall have been determined to be applicable to any such Claims. Developer's indemnification obligations set forth in this Section shall survive the expiration or earlier termination of this Agreement and the 1875524.3 14