CCP 07-20-1993 - Laserfiche WebLink

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"Declaration''), and will cause an executed counterpart of the Declaration to be filed of record in the . real estate records of Ramsey County, Minnesota, and shall pay all costs of such recording. 4.02. Plans and Snecifications. The Parmership will complete (or cause to be completed) the Public Development Activities in accordance with plans and specifications therefor (the "Plans'') heretofore submitted to and approved by the City Engineer. Any change in the Plans which materially alters the extent, manner or schedule for completing the Public Development Activities shall be subject to approval by the City. 4.03. Contracts. The Parmership shall enter into one or more contnICtS with one or more contractors (the "ContI1lCtors") providing for completion of the Public Development Activities and should provide the City with a copy of all such contnICtS as they may at any time exist In awarding conlI'aCts, the Parmership shall comply with applicable provisions of Minnesota law, The contracts shall provide for completion of the Public Development Activities, subject to Unavoidable Delays, by .199_. No material change shall be made in any such contracts without the prior written consent of the City. 4,04, Minimum ImDrovements, .. (a) Subject to Unavoidable Delays, the Partnership will construct, or cause to be conslIUCted, the Minimum Improvements without encroachment onto any other propeny all in accordance with the plans and specifications therefor, on or before , 199_. (b) The Partnership shall not interfere with, or construct any improvements over, any public street or utility easement without the prior written approval of the City. All connections to pnblic utility lines and facilities shall be subject to approval of the City and any private utility Parmership involved. Except for public improvements which are assessable by the City or other . governmental body against other benefitted properties, all street and utility installations, rel~, alterations and restorations shall be at the Partnership's expense and without expense to the City. The Partnership at its own expense shall replace any public facilities or utilities damaged during the construction of the Minimum Improvements. 4.05. Certificate of Comnletion. (a) Promptly after completion of the Minimum Improvements in accordance with this Agreement, the Developer will provide the City with a certificate of substantial completion from Developer's architect, and the City will furnish the Developer with an appropriate Certificate of Completion, substantially in the form of Exhibit F hereto, as conclusive evidence of satisfaction and termination of the agreements and covenants of this Agreement with respect to the obligations of the Developer to construct the Minimum Improvements. Any Certificate of Completion furnished by the City shall not constimte evidence of compliance with or satisfaction of any obligation of the Developer to any mongagee. (b) If the City shall refuse or fail to provide a Certificate of Completion, the City shall, within 30 days after the Developer provides the architect's certificate referenced in Section 4,05(a), provide the Developer with a written statement specifying in what respects the Developer has failed to complete the Minimum Improvements in accordance with this Agreement, or is othetWi.se in default, and what measures or acts will be necessary, in the opinion of the City, for Developer to obtain the Certificate of Completion. . -7- .-