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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <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 phis 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 /> 3. NEXUS CONSTRUCTION DRAWINGS AND RELATED DOCUMEN'T'S <br /> <br /> A. Nexus shall prepare and submit constriction 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 (il) Final Site Plans. <br /> B. During the preparation of all drawings and plans, City staff and Nexus shall hold <br /> reguiarprogress 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 /> C. Any revision or correction of plans required by the City shall be deemed approved <br /> by the Agency, Geneva Commons and Sandpointo, <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 /> 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 Perfornianco set forth in Exhibit B <br /> hereto. Such approval shall not be unreasonably withheld. <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 of the Final Plans if the Final Plans do <br /> not conform to the Approved Plans, the approved Preliminary Plans or do not conform to lxllibit A' <br /> to this Agreement, or are incomplete. <br /> <br /> <br /> EXHIBIT D <br /> 4 Ordinance No. NS-2880 <br /> Page 33 of 51 <br /> i <br /> i <br /> <br /> 11 A-37 <br />