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<br />Section 3.1 <br /> <br />Permits and Approvals. <br /> <br />The Borrower shall obtain all governmental approvals necessary for the development and <br />operation of the Project. <br /> <br />Section 3.2 Construction Contract. <br /> <br />By not later than fifteen (15) days prior to the proposed commencement of construction of <br />the Project, the Borrower shall submit to the City for its limited approval the proposed construction <br />contract for the Project. The City's review and approval shall be limited exclusively to a <br />determination whether: (1) the guaranteed maximum construction cost set forth in the construction <br />contract is consistent with the Approved Development Budget, and (2) the construction contract <br />contains provisions consistent with and required by this Agreement. The City's approval of the <br />construction contract shall in no way be deemed to constitute approval of or concurrence with any <br />other term or condition of the construction contract. <br />, <br /> <br />Upon receipt by the City of the proposed construction contract, the City shall promptly <br />review same and approve it within fifteen (15) business days if it satisfies the limited criteria set <br />forth above. If the construction contract is not approved by the City, the City shall set forth in <br />writing and notij'y the Borrower of the City's reasons for withholding such approval. The Borrower <br />shall thereafter submit a revised construction contract for City approval, which approval shall be <br />granted or denied in fifteen (15) business days in accordance with the criteria and procedures set <br />forth above. Any construction contract executed by the Borrower for the Project shall be in the <br />form approved by the City. If the City fails to approve or disapprove the forms of construction <br />contract within the fifteen (15) business day review period, the form of construction contract shall <br />be deemed approved by the City. <br /> <br />Section 3.3 Construction Bonds. <br /> <br />Prior to commencement of construction of the Project, the Borrower shall deliver to the <br />City copies oflabor and material bonds and performance bonds for the construction of the <br />Project in an amount equal to one hundred percent (100%) of the scheduled cost of the Project. <br />Such bonds shall name the City as a co-obligee. <br /> <br />Section 3.4 Commencement and Comoletion of Construction. <br /> <br />Borrower shall cause the commencement and completion of construction of the Project <br />pursuant to Section 3.S of the Lease. <br /> <br />Section 3.5 Construction Pursuant to Plans and Laws. <br /> <br />(a) Borrower shall construct the Project in conformance with the plans and <br />specifications approved by the City building department. Borrower shall notify the City in a <br />timely manner of any changes in the work required to be performed under this Agreement, and <br />shall obtain any necessary approvals from the City building department. <br /> <br />9 <br /> <br />144\105\217525.14 <br />