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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> C. The City shall state in writing the reasons for disapproval of the Final Plans within <br /> sixty (60) days of receipt of copies of such Final Plans. Failure to respond within this sixty (60) <br /> day period shall not be grounds for resubmittal. <br /> <br /> D. Nexus, upon receipt of a notice of disapproval, shall revise such portions of the <br /> plans, drawings or related documents in a manor that reasonably satisfies the reasons for <br /> disapproval and shall resubmit such revised portions to the City as soon as possible after receipt of <br /> the notice of disapproval, Plans, drawings, and related doetunents receiving City approval shall not <br /> be subsequently disapproved. Nexus shall ensure that all of its plans, drawings and related <br /> documents comply with all Governmental Requirements. <br /> 5. COMM13NCBMBNT AND COMPLETION OF CONSTRUCTION OF NEXUS <br /> IMFROVEMBNTS <br /> a. Nexus shall construct and/or flood, utilizing the Nextts Escrow, the improvements in <br /> conformance with Exhibit A to this Agreement and the approved Final Plans. To the extent that the <br /> cost of the Nexus Improvements, constructed in conformance with Exhibit A to this Agreement and <br /> the approved Final Plans, oxceeds the fends in the Nexus Escrow, Nexus and Genova Commons <br /> shall be solely responsible for said costs, with each responsible for any additional cost to the same <br /> percentage as Is act forth in paragraph I.B. of this Agreement, Noxus shall complete or fund, as the <br /> case may be; the construction of the improvements in conformance with the schedule sot forth in <br /> Exhibit B to this Agreement, <br /> b. The parties acknowledge and agree that the Block Wall identified as Item No, l on <br /> Exhibit A will be constricted on the properties of dozens of individual homeowners in the <br /> Sandpointe neighborhood, none of whom aro parties to this Agreement. The parties agree to use <br /> their best efforts to obtain permission of each of those individual property owners to construct this <br /> Block Wall and to permit the City to permanently maintain the climbing ivy along the exterior of <br /> the wall, However, it is the parties understanding and intent that should any property owner reftese <br /> to agree to permit the construction and/or exterior ivy maintenance ("hold outs'), that the Block <br /> Wall will be constructed regardless of any holdouts, and that Nexus shall construct the Block Wall <br /> in such fashion as to Join the Block Wail to existing wall segments owned by hold outs and <br /> minimize any negative aesthetic impact caused by such hold outs. Nexus agrees to hold Sandpointe <br /> and its officers, directors, employees and agents harmless from any claim by any and all property <br /> owners including such hold outs arising out of the construction of the Block Wall in which <br /> Sandpointe, or its officers, directors, employees or agents are named, Nexus shall be permitted to <br /> select counsel to defend Sandpointo at the expense of Nexus. In the event ofa potential conflict of <br /> interest between Sandpointe and Nexus, Sandpointe shall have the right to select independent <br /> counsel. All fees and costs of independent counsel selected by Sandpointe for defense of any claim <br /> arising out of or relating to any claims described herein shall be paid by Nexus on behalf of <br /> Sandpointe. <br /> EXHIBIT b <br /> Ordinance No. NS-2680 S <br /> Page 34 of 51 <br /> <br /> <br /> <br /> 75A-95 <br />