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__ _.... <br />{c) For the pur}�oses of this Section, each Phase of Minimum Improvements will be deem.ed <br />substantia.11y complete upon issuance by the City of a certificate of occupancy (under City ordinances and <br />procedures) for that Phase; and in the case of Utility Improv�ments, will be deemed substantially <br />camplete upon final acceptance of such improvement by the City as described in Section 4.5 hereo£ <br />Upon Developer's request, the City will issue Certificates of Completion fox each Phase and for the <br />Utility Improvements, to evidence satisfaciion of Deveioper's obligation regarding each portion of the <br />Minimum Irnprovezxxents. <br />4.5. Construction ai Utili Im rovements and Coun Raad Im rovements. {a} `I'k�e parties <br />ag�-ee and understand tlaat it is necassary and reasonable �or t�e Developer to consiruct the Utiiity <br />Improvements because (i) the Utility Improvements are located on an easemeni �ncumbering the <br />Development Properry; are located close to existing buiidings and the new Minimum Impravements, will <br />se�rve tf�e Minimum Improvements, and can more practically and efficiently be constructed by <br />De�eloper's contractors as pa�t of the overall redevelopment efforts described in t�is Agreement. <br />(b) Developer shall constract the Utility Impxovements in accordance with approved <br />Construction Pians. The improvetnents wiIl be deemed substantially cornplete upon acceptance thereof <br />by the City Representative, which acceptance wiil be give�n in writing when the City Repr�sentative <br />determines that such work h;as been completed in accordance with the Construction Plans. <br />(c) The City shall construct, ar cause to be constructed, the County Road Improvements, in <br />cooperaiian with the City af Roseville {"Roseville"}. The parties agree and understand ihat Rose�ille <br />intends ta specially assess benefited properties in RosevilIe for Roseville's one-half share ai the cost of <br />the Coun�y Road Improvements, and that such improvements will be constructed (by either the City or <br />Roseville) in accordance with Minnesota Statutes, Chapter 429. The City wili cause fihe County Road <br />Improvements to be substantially compieted (so that the reconstructed portion of County Road D is <br />placed in service) by December 31, 2017. The City will use its best efforts to coordinate suck� <br />constructian with Deveioper's construction of the Minimum Improvements so as to minimize disruption <br />of Developer's work on the Development Property. Upon substantial cornpletion of the County Road <br />Improvements, the Developer shall promptly rei�nburse the City for the City's one-half share of the total <br />cost of the County Road Irnprovements, inciuding desegn and �ngin.eering costs. As a condition to the <br />Devaloper's obligation to make such payment, the City shall submit evidence to Developer that it has <br />paid Caunty Road Imiprove�aaent costs (either to contractors or to Roseviile) in the amoun� of the <br />reqaested reimbursement. Such evidence shall incIude, at a minimum, paid invoices or coznparable <br />evidence oF payment. <br />{The remainder of this page is intentionally left blank.) <br />378990v6 S]B AR240-10 14 <br />