Agenda - Council - 09/23/1997 - Laserfiche WebLink

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ARTICLE III CONSTRUCTION OF MINIMUM IMPROVEMENTS Section 3.1. Construction of Minimum Improvements. The Developer agrees that it will construct the Minimum Improvements on the Development Property in accordance with the Construction Plans and the terms of this Agreement and, at all times prior to the Maturity Date of the District, will cause the Minimum Improvements to be maintained in good repair and condition. Section 3.2. Building Plans. No building permits shall be issued unless the plans are in conformity with the Construction Plans, the Program, the TIF Plan, this Agreement, and all local, state and federal regulations. The City shall, within 30 days of receipt of building plans for the Minimum Improvements, review such plans to determine whether the ongoing requirements have been met. If the City determines such plans to be deficient, it shall notify the Developer, in writing, stating the deficiencies and the steps necessary for correction. Any such written notification shall be made within the 30 day period after receipt of the building plans for the Minimum Improvements. If no such notice is given by the City within the 30 day period, then the building permit shall be issued. Issuance of a building permit for the Minimum Improvements by the City shall be a conclusive determination that the building plans for the respective Minimum Improvements have been approved and shall satisfy the provisions of this Section. Section 3.3 ~Commencement and Completion of Construction. (a) Subject to Unavoidable Delays, the Developer shall commence construction of the Minimum Improvements by November 1, 1997, and shall substantially complete such construction by September 30, 1998. (b) The Developer agrees for itself, its successors and assigns, and every successor in interest to the Development Property, or part thereof, that the Developer, and such successors and assigns, shall promptly begin and diligently prosecute to completion the construction of the Minimum Improvements thereon, and that such construction shall in any event be commenced and completed within the period specified in this Section 3.3 of this Agreement. Periodically during construction, the Developer may be required to make reports, in such detail as may reasonably be requested by the City, about the actual progress of construction. Section 3.4. Certificate of Completion. (a) Promptly after substantial completion of the Minimum Improvements, in accordance with those provisions of the Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof), the City will furnish the Developer with a Certificate of Completion as described in Exhibit D hereto. Such certification by the City shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements, and the dates for the beginning and completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Holder of? Mortgage, or any insurer or a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (b) The certificate provided for in Section 3.4 of this Agreement shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Development Property. If the City refuses or fails to provide any certification in accordance with the provisions of Section 3.4 of this Agreement, the City shall, within thirty (30) days after written request by Developer, provide the Developer with a written statement, indicating, in adequate detail, in what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts will be necessary, in the opinion of the City, for the Developer to take or perform in order to obtain such certification. If no such statement is given within the 30 day period, then the Developer shall be entitled to receive a certificate. Page 8