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(c} For the purposes of this Section, each Phase oi Minimum Improvements wil� be deert�ed substantial�y complete upon issuance by the City of a certificate of occ�pancy (under City ordinances and procedures} for that Pi�ase; and in the case of Utility I�nprovemer�ts, will be deemed substantially complete upon final aceepta�ce of sueh improvement by the City as descrbed in Sectian 4.S �tereof. llpon Developer's rey�zest, the City will issue Certificates of Corrtptetion for eac� Phase and for the Utility Improvements, to evidence satisfactron of Developer's obligation regarding each portiart of the Minimum Irnprovements. 4.5. Constructiort of Utilitv Irtapravements and Cauntv Road Improvements. (a) The parties agree and understand that it is necessary and reasonable for the Developer ta canstruct the Utility Improvements because (i} the Utility Impro�ements are locatec� on an easement encumbering t�e Development Property; are �ocated close to existing buildings and the new Minimum Impror�ements, will serve the Minirnum Improvements, and can more practicaliy and efficient9y be constructed hy Developer's eor�tractors as part of the o�erall redevelopFnent efforts described in this Agreement. (b} Developer shall construct the Utility lmprovemenis in accordance with approved Construction Plans. The irr�provements witl be deemed substantially comptete upon acceptance thereof by the City Representative, which acceptanee wil[ be given in writing when the City Representative determines that such work has been cofnpleted in a��orcfance with the Construction Plans. (c) Excepi as otherwise pro�ided in paragraph (d) of this Section, the City shatl co�s�ruct, or cause to be construeted, the County Road ]rnprovements; in cooperation with the City of Roseville {"RoseviIle"). The parties agree and understand that Roseville intends to specially assess benefited properties in Rose�ille far Raseville's one-hal� sf�are of the cast of the County Road Impro�ements, and that s�zch improvements will be constructed {by either the Ciry or Raseville) in accordai�ce with Minnesota Statutes, Chapter 429. T�e City will cause the County Road �mprovements to be substantialiy completed (so that the reconstructed portio� of Cotmty Road D is placed in ser�ice} by December 3l, 2017. Notwithstanding anything ta the cantrary herein, Developer, Af#iliates of Deve�oper, or contractors ar agents re�ained by Developer may submit bids to consEruct the Counry Road Improve3nen#s on t�e same basis as other bit�ders in accordance with municipaE bidding procedures. The City witl use its best efforts to coordinate construction of the Counry Road Impro�ernents with Developer's construction af the Minimum lmpravements so as to minimize disruption of Developer's work on the DeveIopment Property. Upon substantial completion of t��e County Roa� Improvements, the Deveioper shali promptly reimburse the City for the City's one-]zalf share of the total cost of the County Road Cmprovements, incI�ding des�gn and engineering costs. As a conc�ition to the Developer's obligation to make such payment, tl�e City sha�t s�bmit evidence to Developer that it has paid County Road Improvement costs (either to contractors ar ta Roseville) i�t the amount of tI�e reqaested reimbursemer�t. Such evidence shall include, at a miE�itnum, paid invoices or comparable evidence of payment. (d} T��e parties agree and understand that Rose�ille expects to s�ecia3ly assess a portion of RosevilIe's share of the cost of the County Road Impro�ements_ Hawever, De�eloper may detet�nine that it is �nore effcient and practical for Developer to �ndertake the Co�nty Road Improvements as �a� of the redevelopmen# described in this Agreement, in part because construction of the Minirnum lmprovements is likely ta impact County Road D, and Developer can integrate reconstruction of the road with Developer's other construction work. Therefore, De�eloper rnay, ir� its sole discretion, elect to undertake construction of the County Road lmproveme�its, provided that Devetoper shail be obligated to pay the entire cost of such work (including amounts otherwise altocated to Roseville). Developer m�st pro�ide written notice to the Ciiy of its intent to exercise this option, which natice rr�ust be delivered before the date of any initial improvement hearing held by Rosevilie under Minnesota Statutes, Chapter 429 3�saaa��o s�B ARzoo-�o � �