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construction of the Project. Developer shall not close the sidewalk on Wall Street, except for <br /> intermittent closures for deliveries or public safety during construction of the Project. Subject to <br /> approval of the City traffic engineer in accordance with the Legal Requirements, Developer may <br /> intermittently close portions of the Colby Avenue during the construction of the Project garage, <br /> but in no event may such closures block two-way traffic on Colby Avenue. <br /> 5.3.5 Tower Crane. Developer may allow the boom(s) of the tower crane(s) <br /> associated the construction of the Project to swing over Colby Avenue and Wall Street, as well <br /> as over the adjacent City-owned buildings to the south and east of the Property. During the use <br /> of such cranes, Developer shall maintain or cause to be maintained insurance regarding such <br /> crane(s) that is reasonably acceptable to the City and that names the City as an additional <br /> insured. <br /> 5.4 Approval Process for Changes to Approved Plans and Specs. <br /> 5.4.1 Material Modification Definition. As used in this Covenant, a "Material <br /> Modification" is a modification to the Approved Plans and Specs that would(i)conflict with any <br /> Project Design Criteria, the Marriott Franchise Agreement or any City-Developer Agreement; <br /> (ii)materially alter the exterior of the Project; (iii)when cumulated with all other approved <br /> Modification Requests relating to the exterior of the Project, reduce the total hard construction <br /> costs of the Project by more than $200,000 as compared to such costs if the Project were <br /> constructed in accordance with the original Approved Plans and Specs. <br /> Notwithstanding the foregoing, if the Marriott Franchise Agreement is terminated for any <br /> reason, the definition of Material Modification above shall be replaced with the following <br /> definition effective upon such termination: <br /> As used in this Covenant, a "Material Modification" is a modification to the <br /> Approved Plans and Specs that would(i)conflict with any Project Design Criteria <br /> or any City-Developer Agreement; (ii)materially alter the exterior of the Project; <br /> (iii)materially alter the interior of the Project; (iv)be inconsistent with the use of <br /> the Property for a hotel of equal or greater quality than a Courtyards by Marriott; <br /> or (v)when cumulated with all other approved Modification Requests, reduce the <br /> total hard construction costs of the Project by more than $200,000 as compared to <br /> the such costs if the Project were constructed in accordance with the original <br /> Approved Plans and Specs. <br /> 5.4.2 Material Modification Request. The Developer shall not make any <br /> Material Modification to the Approved Plans and Specs without the prior written approval of the <br /> City. In order to request approval for a Material Modification, the Developer must submit a <br /> written notice to the City that is clearly marked "Material Modification Request under <br /> Section 5.4 of the Project Construction Covenant." (the "Material Modification Request"). The <br /> Material Modification Request must expressly state the requested Material Modification and <br /> must include such information as may be reasonably required by the City. <br /> 5.4.3 Approval of Material Modification Request. The City shall not <br /> unreasonably withhold approval of a Material Modification Request. No approval of a Material <br /> -9- <br /> 51083924.1 <br />