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<br />...' ..", I ~',:;-,i ''''.:/ ;. :~.:. ~., r"~", - :'~ 2:2 ~~:2:: ~ <br /> <br /> <br /> <br /> <br /> <br />... Thl Developer agr... tor itulf, its successors and auigns, and .vlry <br />succesaor in interest to the Development Property, or eny part thereot, that the <br />Developer, and auch aUCCeUOrB end esslgns shall promptly begin end diligently <br />prosecute to Completion the development ot the Development Property throush the <br />connruction of the Minimum Improvemenu 'thenon, end thlt such conlttuction shall <br />in any event be comm,nd;ed and compllted within the period specif1ed in this <br />Section 3.3 of this Asraamlnt. . <br /> <br />Section 3.4. Certificata of Complation. (a) Promptly etter complation of <br />the Minimum Improvements in accordance with the Construction Plana the City will <br />furnish the Developer With an eppropriate inatrument 10 certitying. Such <br />certification by the City Ihall be a conclulive determination of satiafaction end <br />termination of the agreements and covenantl in the Aireement with reapect to the <br />obligations ot the Developer, and tu lucensora and aUigns, to conlttruct the <br />Minimum Improvements and the dates for the peiinning and completion thereof. Such <br />certification and auch determinetion shall not conlUtute evidence ot complienca <br />With or uttshction at eny obl1gltion of the Developer to any Holder o! a <br />Mortgage, or any insurer of a Mortgage, aacuritli money loaned to tinanee the <br />MinimUm Improvements, or any part thereof. <br /> <br />(b) The certificata prOVided for in thia Section 3.4 of thia Agreement shall <br />be in luch form as will enable it to be recorded in the proper office tor the <br />recordation of d~eds and other instruments pertainins to the Development Property. <br />If the City shall refuse or faU to provide any certification in accordance with <br />the provisions of this Section 3.4 of this Agreement, the City .hall, wi thin <br />. thirty ,(30) days after uritten request by the DeVeloper, provide the Developer <br />with a written statement, indicating in adequata datail in what nllpects the <br />Developer hili failed to complete the Minimum Improvements in accordance wi th ths <br />provisions of the Agreement, or 1. otherwise in default, and what mea lures or acts <br />it, "ill be necessary, in the op inion of the Ci ty, for tha DeVeloper to talte or <br />perforz in order to obtain such certification. <br /> <br />(c) The cons truction of thl Minimum Improvements ehall be d.emed to be <br />completed uhen such Minimum Improvements are substantially completed, Which shall <br />be et such time as a Certificate of Subn.ntill completion is iuued by the <br />Project Architect end concurred in by the contractor, owner end City in accordsnce <br />"ith th~ Arp~OVQrl r1ana ,nd ,pecificationl. <br /> <br /> <br /> <br />- <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />, <br /> <br /> <br />a. <br />