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<br />~....... "-'" 'I I..~.l .. <~.;;. ..... f":... - :::-~ ,::~ .i~.:2:= ~ <br /> <br /> <br /> <br /> <br /> <br />~ The Developer agree. for it.elf, it. .uccessors and assigns, and every <br />...,- successor in intarest to the Development Property, or eny part thareot, that the <br />Developer, and euch auccaSlon and 19s1gns .hall promptly begin and diligently <br />prosecute to completion the developmant. ot tha Development Property through tha <br />construction of the Minimum Improvemant. thareon, and thet such con.truction .hall <br />in any event be commin.:tad and completad OIi thin the period .pecified in this <br />Section 3.3 of this Agr.ament. <br /> <br />Section 3.4, CertiHcau of Complation. eel Promptly afUr completion of <br />the kinimum Improvaments in accordance OIith the ConStruction Plana the City will <br />furnish the Developer With en appropriate inatrument ao certitying. Such <br />certification by tha City ehall be . concluaiva determination of aati.faction and <br />termination of the agreement a and covenant. in the Agraemant with reapact to the <br />obligations of the Developar, and its auccessors and aSSigns, to construct the <br />Minimum Improvements and the dates for the bag inning and complation thereof. Such <br />certification and such detarminetion shall not conatitute evidence ot compliance <br />with or aatisfaction of eny obligation of the Developer to any Elolder ot a <br />Mortgage, or any insurer of a Mortgaga, IIcurin&: monay loaned to financa the <br />Minimum Improvement., or any part thereot. <br /> <br />(bl The Certificate provided for in this Section 3.4 of thi. Agreement .hall <br />be in such torm as will enable lt to be recorcled in tha proper office tor the <br />recordatlon of deeds end othsr instruments psrtainlQj to the Development Property. <br />If the City ahall refuae or f.il to provide any certification 1n accordance with <br />the provisions of this Section 3.4 of this Agreemant, the City .hall, within <br />thirty .(30) days after written request by the Developer, provide the Developer <br />. with a written statement, indicating in adequaee dstail in what rupects the <br />Developer haa failed to complate the M1nimum Improvements in accordance w1th ths <br />provisions of the Agr.sment, or i. otherwiae in default, and what measures or acta <br />1 t will be necessary, in the op tnion of the C1 ty, for th. Developer to take or <br />perfor~ in order to obtain such cartificat10n. <br /> <br />(c) The con. truction of tha Minimum Improvement. shall be deemed to b. <br />completed when such Minimum Improvements are aubstantially completed, Which shall <br />be at such time as a Certif1cate of Sub.untia1 completion 11 iuued by the <br />Project Arch1tect and concurrad in by the contractor, owner and City 1n accordance <br />with the ~ppTove~ plaoa and apacificationa. <br /> <br /> <br /> <br />- <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />. <br /> <br />8. <br />