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8A, Presbyterian Homes TIF
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12-20-10 Special City Counicl Meeting
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(c) For the purposes of this Section, each Phase of Minimum Irr►provements wil} be deemed <br />s�bstantially complete upon issuance by the City of a certificate o� oceupancy (under City ordinances and <br />procedures) for that Phase; and in the case of Util�ty Irnprovements, will be deemed substantia�ly <br />comp�ete upon final acceptance of such irr3provement by the City as described in Section 4.5 hereo£ <br />Upon Developer's request, the City will issue Certi�cates of Completion for each Phase and for the <br />Utility Irnpro�ements, to evidence satisfaction of Devetoper`s obligation regarding each portion of the <br />Minirr�u3n Improvements. <br />4.5. Construction of Utili Irn rovements and Coun Road Ir� rovements. (a} The parties <br />agree and understand �hat it is necessary and reaso�able for the DeveIoper to construct the Utility <br />lmprovements because {i) the Utility Improvements are lacated on an easement encumbering the <br />Development Property; are located close to existing buildings and the �ew Minimum lmprove�nents, will <br />se�-ve the Minimum Improvements, and can �nore practically and efficiently be constructed by <br />Developer's eontractars as part of the o�erall redevelopment efforts described in this Agreeme�i. <br />(b) Develaper shall const�-uct tl�e Utility Improvements in accordance with approved <br />Constructia� Plans. The improvements wilI be deemed substantially corr�plete upon acceptance thereof <br />by the City Representative, which acceptance will be given ir� writing when the City Represen#ative <br />determines that such work has been completed in accorc�ane� with the Construction Plans. <br />(c} �ieExce_t as otherwise �rovided in ara._ra h d of this Section. the City sha11 <br />construct, or cause to be constructed, the County Road Improvements, in cooperation with the Cfty of <br />Rose�ille ("Rose�ille"). The parties agree and understand that Rose�ille intends to specially assess <br />benefited praperties in Rosevilie for Rosevi]Ie's one-�alf share af the cost of the County Road <br />Irnpro�emer�ts, and that s€�ch improvements wiIl be constructed {by either the City or RosevilIe) in <br />accordanee witl� Minnesota Statutes, Chapter 429. The City wi11 cause the County Road Irnpro�ements to <br />be substantially campleted (so that the reconstructed portion af Caunty Road D is placed in service) by <br />December 3l, 2017. Notwit}�standin an thin to the contra�herein. Developer_ Af�Iiates of Develop�r <br />or contractors or,.. a. ents retained b Develoner may submit bids to construct the Coun Road <br />)nn�rovements_on the same 6asis as other bit�ders in accordance with m�nicinal biddin� orocedures. <br />The Ciry will use its best efforts to coordinate s�e-��� -construction of the _ County Road <br />Ir�provements with Developer's construction af the Minimum Improvements so as to minimize <br />t�isruption of DeveIoper's work on the Development Property. Upan substantial completion of the <br />County Road Improvements, the Developer shall promptly reirnburse the City for the City's one-half <br />share of the to#al cost of the County Road �mprovements, inclading design and engineering costs. As a <br />condition �o the Developer's obligation to make such payment, the City shaIl s�bmit evidence to <br />Developer ihat it has paici County Road �mprovement costs (either to contractors or to Rosevitle) in the <br />arr�ount of the requested reimbursement. Such evidence shail include, at a minimur�, pait! invoices or <br />comparable evidence of payment. <br />�d�The_.parties a ree and understand that Rose�ille ex ects to s ecialI _.assess_a portio� of <br />RaseviIle's share of..the cost of the Coun _Road Imnrove�tents. However Develoner ma determine that <br />it is more effc�ent and �ractical �or DeveIoper to undertake the C un Road Imnroverr�ents as nart of the <br />redeveto _�pment deseribed Fn this A�eement. in nart because canstructio�t of the Minimum Imnrovements <br />- - - .. .. <br />s l�kely _to___im act_Coun Road D an�__Develo er__can inte_rate reeonstruction__,of the road�.�with <br />rt-- <br />Devel_oper's other constructian work. Therefore De�etoper rr�a�, in its sole �rscretion_ eiec# to underEake <br />construction of tl�e Coun Road_Im ravements.�rovaded thaE Developer shal] be obli,�ateti t_pav the <br />entire_cost_af such work Eincludi, �n�ounts otherw�se a�located to Roseville . Deve�oper �nust_provide <br />writtenWnotice to the Citv of its intent to exercise this_o tion which notice must be delivered before the <br />- - _.._--- ---...__u _.. —__-_ _.._ ___.. _-- --.-__ ._.---- <br />date of anv initial im�r�vement hearinQ hetd b� Rosevi]Ie under Minnesota Statutes, Chapter 429 <br />IS <br />
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