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(a)Except as may be approved in a written amendment hereto signed by the <br />Parties, the URA Public Improvements that will be financed by the Construction Fund are <br />limited to those set forth on Exhibit D. <br />(b)The Property Owner shall design, engineer, and complete construction <br />documents for the URA Public Improvements (“CD Plan” or “CD Plans”), which CD <br />Plans shall be prepared pursuant to and be in conformance with the final, City-approved <br />DELO PUD and related subdivision plat, the Subdivision Agreement and/or any related <br />development agreement for the DELO Development, all applicable City ordinances, <br />rules, regulations, standards, specifications and criteria for public improvements and <br />preparation of plans and construction documents therefor, and all other applicable <br />federal, state, and local standards and criteria (hereinafter collectively referred to as <br />“Legal Standards”). The Property Owner shall be reimbursed from the Construction <br />Fund for the reasonable and documented costs of the CD Plans for the URA Public <br />Improvements, subject to the further requirement that the costs of such services shall in <br />no event exceed six percent (6%) of the total, actual labor and materials costs for <br />completion of the URA Public Improvements. <br />3.Construction Coordination. <br />(a)The Property Owner may hire J3 Engineering (Jason Margraf) (“Project <br />Engineer”) to produce the CD Plans for the URA Public Improvements. If the Property <br />Owner does so, the contract shall include terms making the City and LRC third party <br />beneficiaries of the contract with the right to enforce any applicable warranties and <br />covenants against the Project Engineer. If and as necessary, Property Owner may replace <br />5 <br />16 <br />