Agenda - Council - 11/10/2015 - Laserfiche WebLink

Home

ARTICLE .III CONSTRUCTION OF MINIMUM IMPROVEMENTS Section 3.1. Construction of Minimum Improvements. (a) 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, will cause the Minimum Improvements to be maintained in good repair and condition. (b) Site Plan. City and Developer acknowledge and agree that the Site Plan for the Development Property attached hereto as Exhibit C will be subject to modification and revision, and that modifications and revisions to the Site Plan are permitted, provided that the modifications and revisions do not substantially alter the nature of the Minimum Improvements -and provided further that the modifications and revisions comply with the applicable City ordinances 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 ten (10) business days of receipt of building plans for the Minimum Improvements, review such plans to determine whether the requirements have been met. If the City determines such plans to be deficient, itshallnotify the Developer, in writing, stating the deficiencies and the steps necessary for correction. 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 these provisions. Section 3.3. Commencement and Completion of Construction. (a) Subject to Unavoidable Delays, the Developer shall commence construction of the Minimum Improvements by June 30, 2005, and shall substantially complete such construction by December 31, 2005. (b) The Developer agrees for itself, its successors and assigns, that it shall promptly begin, and diligently prosecute to completion, the construction of the Minimum Improvements, and that such construction shall in any event be commenced and completed within the period specified in this Section 3.3. Periodically during construction, but at intervals of not less than monthly, the Developer must 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 this Agreement, the City will furnish the Developer with a Certificate of Completion as described in Exhibit E hereto. Issuance of the Certificate of Completion by the City shall be a conclusive 12