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<br />E. The Agency shall pay the City its cost incurred by the City for the Publicly-Owned <br />Improvements set forth in Exhibit A to this Agreement; provided, however that total commitment <br />by the City and Agency toward the Publicly-Owned Improvements shall not exceed FIVE <br />MILLION DOLLARS ($5,000,000.00). If the items set forth as Publicly-Owned Improvements in <br />Exhibit A are found to cost more than this sum, then the Agency shall, in the exercise of its sole and <br />absolute discretion, limit or eliminate Publicly-Owned Improvements set forth in Exhibit A; <br />provided, however, that the Agency shall proceed with the Publicly-Owned Improvements in the <br />order as set forth in said Exhibit. <br /> <br />3. NEXUS CONSTRUCTION DRAWINGS AND RELATED DOCUMENTS <br /> <br />A. Nexus shall prepare and submit construction drawings and related documents for <br />items listed on Exhibit A to the City for review (including, but not limited to, architectural review) <br />and written approval as and at the times established in the Schedule of Performance set forth in <br />Exhibit B to this Agreement. The construction drawings and related documents shall be submitted <br />in two stages: (i) the Preliminary Site Plans and (ii) Final Site Plans. <br /> <br />B. During the preparation of all drawings and plans, City staff and Nexus shall hold <br />regular progress meetings to coordinate the preparation of, submission to, and review of <br />construction plans and related documents by the City. The City staff and Nexus shall communicate <br />and consult informally as frequently as is necessary to insure that the formal submittal of any <br />documents to the City can receive prompt and speedy consideration. <br /> <br />C. Any revision or correction of plans required by the City shall be deemed approved <br />by the Agency, Geneva Commons and Sandpointe. <br /> <br />D. Neither the City, the Agency, Sandpointe or Geneva Commons shall have any <br />ownership interest in, or any right to use, the Preliminary Site Plans or the Final Site Plans <br />submitted by Nexus, nor shall the City, the Agency, Sandpointe or Geneva Commons authorize the <br />right to use any such plans or drawings to any person or entity. <br /> <br />4. APPROVAL OF NEXUS PLANS, DRAWINGS AND RELATED DOCUMENTS <br /> <br />A. The City shall have the right of reasonable review (including, but not limited to, <br />architectural review) of all plans, drawings and related documents including any proposed changes <br />therein. The City shall approve or disapprove such plans, drawings, and related (and any proposed <br />changes therein) within the times established in the Schedule of Performance set forth in Exhibit B <br />hereto. Such approval shall not be unreasonably withheld. <br /> <br />B. Any disapproval shall state in writing the reasons for disapproval. The City shall <br />have the right to disapprove, in its reasonable discretion, any ofthe Final Plans if the Final Plans do <br />not conform to the Approved Plans, the approved Preliminary Plans or do not conform to Exhibit A <br />to this Agreement, or are incomplete. <br /> <br />EXHIBIT D <br />4 <br /> <br />11 A-33 <br />