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i <br /> ARTICLE III <br /> CONSTRUCTION OF MINIMUM IMPROVEMENTS <br /> Section 3 1 Construction of Minimum Improvements <br /> (a) The Developer agrees that it will construct the Minimum Improvements on the <br /> Development Property in accordance with the Construction Plans and the terms of <br /> this Agreement and, at all times prior to the Maturity Date, will cause the <br /> Minimum Improvements to be maintained in good repair and condition <br /> (b) Site Plan City and Developer acknowledge and agree that the Site Plan foi the <br /> Development Pioperty referenced in the attached Exhibit C will be subject to <br /> modification and revision, and that modifications and revisions to the Site Plan <br /> are permitted, provided that the modifications and revisions do not substantially <br /> alter the nature of the Minimum Improvements and provided further that the <br /> modifications and revisions comply with the applicable City ordinances <br /> Section 3 2 Building Plans No building permits shall be issued unless the plans are in <br /> conformity with the Construction Plans, the Program, the TIF Plan,this Agreement, and all local, <br /> state and federal regulations The City shall, within ten (10)business days of receipt of building <br /> plans for the Minimum Improvements, review such plans to determine whether the requirements <br /> have been met If the City determines such plans to be deficient, it shall notify the Developer, in <br /> writing, stating the deficiencies and the steps necessary for correction. Issuance of a building <br /> permit for the Minimum Improvements by the City shall be a conclusive determination that the <br /> building plans for the respective Minimum Improvements have been approved and shall satisfy <br /> these provisions <br /> Section 3 3 Commencement and Completion of Construction <br /> (a) Subject to Unavoidable Delays, the Developer shall commence construction of <br /> the Minimum Improvements by July 30, 2004, and shall substantially complete <br /> such construction by December 31, 2004 <br /> (b) The Developer agrees for itself, its successors and assigns, that it shall promptly <br /> begin, and diligently prosecute to completion, the construction of the Minimum <br /> Improvements, and that such construction shall in any event be commenced and <br /> completed within the period specified in this Section 3 3 of this Agreement <br /> Periodically during construction, but at intervals of not less than monthly, the <br /> Developer must make reports in such detail as may reasonably be requested by <br /> the City about the actual progress of construction <br /> Section 3 4 Certificate of Coimpietion <br /> (a) Promptly after substantial completion of the Minimum Improvements, in <br /> accordance with those provisions this Agreement, the City will furnish the <br /> Developei with a Certificate of Completion as described in Exhibit E hereto <br /> Issuance of the Certificate of Completion by the City shall be a conclusive <br /> 12 <br />