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ARTICLE IV Construction of Improvements Section 4.1. Construction of Improvements. The Developer agrees that it will construct the Improvements on the Property in accordance with the approved Construction Plans and site plan and at all times will operate and maintain,preserve and keep the Improvements or cause the Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof,in good repair and condition. Section 4.2. Construction Plans and Site Plan. (a)The City's willingness to convey the Property to the Developer is predicated upon and subject to the Developer's agreement that it will construct the Improvements and that the Improvements will be of such quality and nature as will satisfy the City's goals for the development of the Property. Therefore,within thirty(30) days from the date of this Agreement, the Developer shall provide to the City for its review and approval Construction Plans and a site plan for the Improvements. The Construction Plans and site plan shall provide for the construction of the Improvements and shall be in conformity with this Agreement and all applicable state and local laws and regulations. The City shall approve the Construction Plans and site plan in writing if, in the sole discretion of the City, the proposed Improvements are of such a nature and quality as to justify the City's conveyance of the Property. Such Construction Plans and site plan shall, in any event, be deemed approved unless rejected in writing by the City, in whole or in part within thirty (30) days after the date of their receipt by the City. Nothing in this Section shall be deemed to relieve the Developer's obligations to comply with the requirements of the City's normal construction permitting process. (b) If the Developer desires to make any material change in any Construction Plans or site plan after their approval by the City, the Developer shall submit the proposed change to the City for its approval. If the Construction Plans and site plan, as modified by the proposed change, conform to the requirements of this Agreement and such changes do not materially alter the nature, quality or exterior appearance of the Improvements, the City shall approve the proposed change and notify the Developer in writing of its approval. Any requested change in the Construction Plans or site plan shall, in any event, be deemed approved by the City unless rejected, in whole or in part,by written notice by the City to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within ten (10) days after receipt of the notice of such change. Section 4.3. Commencement and Completion of Construction. (a) The Developer agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, that the Developer, and its successors and assigns, shall promptly begin and diligently prosecute to completion construction of the Improvements within the period specified in this Section 4.3 of this Agreement. (b) Subject to Unavoidable Delays, the Developer shall commence construction of the Improvements by November 1, 2001, and shall complete such construction by March 1, 11