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as to the actual progress of the Developer with respect to construction of the Improvements. The <br />Developer shall allow designated representatives of the City to enter upon the Property, upon <br />twenty-four (24) hour prior notice, during the construction of the Improvements to inspect such <br />construction. <br />Section 3.4. Certificate of Completion. <br />(a) Promptly after completion of the Improvements in accordance with those <br />provisions of the Agreement relating solely to the obligations of the Developer to <br />construct the Improvements (including the dates for beginning and completion thereof), <br />and upon approval of the Improvements by the City, the City will furnish the Developer <br />with an appropriate instrument so certifying (the Certificate of Completion). Such <br />certification by the City shall be a conclusive determination of satisfaction and <br />termination of the agreements and covenants in the Agreement with respect to the <br />obligations of the Developer and its successors and assigns, to construct the <br />Improvements and the dates for the beginning and completion thereof. Such certification <br />and such determination shall not constitute evidence of compliance with or satisfaction of <br />any obligation of the City to any Holder of a Mortgage, or any insurer of a Mortgage, <br />securing money loaned to finance the Improvements, or any part thereof. <br />(b) If the City shall refuse or fail to provide any certification in accordance <br />with the provisions of this Section 3.4, the City shall, within thirty (30) days after written <br />request by the Developer, provide the Developer with a written statement, indicating in <br />detail in what respects the Developer has failed to complete the Improvements in <br />accordance with the provisions of the Agreement, or is otherwise in default, and what <br />measures or acts will be necessary, in the opinion of the City, for the Developer to take or <br />perform in order to obtain such certification. <br />(c) The construction of the Improvements shall be deemed to be completed <br />when such Improvements are substantially completed. Such Improvements will be <br />deemed to be substantially completed when the Developer has received a certificate of <br />occupancy by the City for all 44 homes to be constructed. <br />ARTICLE IV <br />The Developer will construct and install, at Developer's expense, the following <br />improvements identified under Parts A and B ("Developer's Improvements"), according to the <br />terms and conditions stated herein. <br />Developer's Improvements (Part A) <br />Section 4.1. Site Grading. The Developer shall do all site grading associated with <br />common greenway, trails/sidewalks and open spaces, storm water storage ponds and surface <br />drainage ways including sodding of boulevards, all in accordance with the Construction Plans. <br />Upon completion of all grading, Developer's engineer shall certify in writing that the site is graded <br />to the approved plans and that all unbuildable soils are removed from within the street right-of-way <br />6 <br />