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2018 05-15 CC PACKET
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2018 05-15 CC PACKET
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2/25/2026 4:00:57 PM
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1/7/2026 4:05:24 PM
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Administration
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adm 00500
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AGENDA PACKETS
Destruction
PERMANENT
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approved by the City unless rejected in writing within thirty 30) days after receipt from <br />the Developer by the City with a statement of the . City's reasons for such rejection, <br />0) If the Developer desires to make any material change in the Construction <br />Plans after their approval by the City, the Developer shall submit. the proposed change, in <br />writing, to the City for its approval, If the Construction Plans, as modified by the proposed <br />change,. conform to the requirements of this Agreement and such changes do not materially <br />alter the nature; quality or exterior appearance of the Improvements, the City shall approve <br />the proposed change and notify the Developer in writing of its approval, <br />Section 3.3. Commencement and Com lotion of Con c 'ion. The Developer will <br />provide a schedule in writing outlining. in detail the proposed schedule which must be approved <br />prior to the stark.of construction. The construction shall be co <br />nunenoed by May ], 2018. Subject <br />to Unavoidable . Delays, and contingent upon Developer securing adequate financing, the <br />Developer shall commence construction of the Improvements by. Subject to Unavoidable. Delays, <br />the Developer shall have substantially completed the construction of the Improvements within 200. <br />days following the actual commencement of construction, unless amended by the parties. <br />Appropriate extension of time for completion shall. be made for time lost.as a result of Unavoidable <br />Delays or other factors approved by the. City; provided that within twenty (20) days after the. <br />occurrence of an. Unavoidable. Delay or other factor, the Developer shall. have notified the City in <br />writing of such. occurrence. <br />Until construction of the Improvements has been completed, the Developer shall make <br />reports to the City, in such detail and at such times as may reasonably be. requested by the City, as <br />to the actual progress of the Developer with respect to construction of the Improvements: The <br />Developer shall allow designated representatives of the City to enter upon the Property during. the <br />construction of the Improvements to inspect such construction.. <br />Section 3.4. Certificate of Com Wetion. <br />(a) Promptly after completion,af the Improvements in. accordance with. those <br />.provisions of the Agreement relating solely :to the obligations of the Developer to construct. <br />the Improvements (including the dates for beginning and completion thereof), and upon <br />approval of the Improvements by the City, the City will furnish the. Developer with an <br />appropriate instrument so certifying (the Certificate of Completion). Such certification by <br />the .City shall be a conclusive determination of satisfaction and termination of the <br />agreements: and covenants in: the Agreement with. respect to the obligations of the <br />Developer and its successors and assigns, to construct the Improvements and the dates for <br />the beginning and completion thereof, Such certification and such determination shall not <br />constitute evidence of compliances with or satisfaction of any obligation of the City to any <br />Holder of a Mortgage, or any insurer of a Mortgage; securing. money loaned to finance the <br />Improvements, or. any part thereof. <br />(b) If the City shall refuse or fail to provide any certification in accordance <br />with the provisions of this Section; the City shall; within thirty (3.0) days after written <br />request by the. Developer, provide the Developer with a written statement, indicating in <br />0 <br />
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