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E. The Agency shall pay the City its cost incurred by the City for the Publicly -Owned Improvements set forth in Exhibit A to phis Agreement; provided, however that total commitment by the City and Agency toward the Publicly -Owned Improvements shall not exceed FIVE MILLION DOLLARS ($5,000,000.00), If the items set forth as Publicly -Owned Improvements in Exhibit A are found to cost more than this sum, then the Agency shall, in the exercise of its sole and absolute discretion, limit or eliminate Publicly -Owned Improvements set forth in Exhibit A; provided, however, that the Agency shall proceed with the Publicly -Owned Improvements in the order as set forth in said Exhibit. NEXUS CONSTRUCTION DRAWINGS AND RELATED DOCUMENT'S A. Nexus shall prepare and submit constriction drawings and related documents for items listed on Exhibit A to the City for review (including, but not limited to, architectural review) and written approval as and at the times established in the Schedule of Performance set forth in Exhibit B to this Agreement. The construction drawings and related documents shall be submitted in two stages;- (i) the Preliminary Site Plaits and (il) Final Site Plans. B. During the preparation of all drawings and plans, City staff and Nexus shall hold regularprogress meetings to coordinate the preparation of, submission to, and review of - construction plans and related documents by the City. The City staff and Nexus shall communicate and consult informally as frequently as is necessary to insure that the fonnal submittal of any documents to the City can receive prompt and speedy consideration. C. Any revision or correction of plans required by the City shall be deemed approved by the Agency, Geneva Commons and Sandpointo, D. Neither the City, the Agency, Sandpointe or Geneva Commons shall have any ownership interest in, or any right to use, the Preliminary Site Plans or the Final Site Plans submitted by Nexus, nor shall the City, the Agency, Sandpointe or Geneva Commons authorize the right to use any such plans or drawings to any person or entity, 4. APPROVAL OF NEXUS PLANS, DRAWINGS AND RELATED DOCUMENTS A. The City shall have the right of reasonable review (including, but not limited to, architectural review) of all plans, drawings and related documents including any proposed changes therein. The City shall approve or disapprove such plans, drawings, and related (and any proposed changes therein) within the times established in the Schedule of Perfornianco set forth in Exhibit B hereto. Such approval shall not be unreasonably withheld. B. Any disapproval shall state in writing the reasons for disapproval. The City shall have the right to disapprove, in its reasonable discretion, any of the Final Plans if the Final Plans do not conform to the Approved flans, the approved Preliminary Plans or do not conform to Exlilbit A to this Agreement, or are incomplete, EXHIBIT D 4 Ordinance No. NS -2880 Page 33 of 61 11 A -37