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<br />(d) Profit from sale of home will be reimbursed to the City of Roseville by GMMHC to cover land cost incurred in the <br />purchase of the home as part of the Housing Replacement Program. <br /> <br />Section 2.2. By the CITY. The CITY makes the following representations as the basis for the undertaking <br />on its part herein contained: <br /> <br />(a) The CITY is authorized by law to enter into this Agreement and to carry out its obligations <br />hereunder; and <br /> <br />(b) The CITY will, in a timely manner, subject to all notification requirements, review and act upon <br />all submittals and applications of the GMMHC and will cooperate with the efforts of GMMHC to secure the <br />granting of any permit, license, or other approval requked to allow the construction of the Improvements; provided, <br />however, that nothing contained in this Section shall be construed to limit in any way the reasonable and legitimate <br />exercise of the CITY discretion considering any submittal or application. <br /> <br />ARTICLE ill. <br /> <br />CONSTRUCTION OF IMPROVEMENTS <br /> <br />Section 3.1. Construction of Improvements. Following closing on the property, the GMMHC shall <br />solicit applications for purchase of the property and construction of Improvements on the Property in accordance <br />with Construction Plans, approved by the City, that shall meet or exceed the per unit Minimum Value specified in <br />Section 1.1, and shall maintain, preserve and keep the Improvements in good repair and condition until sale of the <br />Property to the Homeowner. <br /> <br />Section 3.2. Buildin!! Plans. No building permit will be issued by the City unless the Construction Plans <br />are in conformity with the GMMHC's Minimum Value, this Agreement, including the design standards outlined in <br />Exhibit B, and allloca1, state and federal regulations. The City shall, promptly review Construction Plans submitted <br />in application for a building permit, and review such Construction Plans to determine whether the foregoing <br />requkements have been met. If the City determines such Construction Plans to be deficient, it shall notify the <br />GMMHC in writing stating the deficiencies and the steps necessary for correction. Issuance of the building permit <br />by the City shall be a conclusive determination that the Construction Plans have been approved and shall satisfy the <br />provisions of this Section 4.2. <br /> <br />Section 3.3. Schedule of Construction. Subject to Unavoidable Delays, construction of the <br />Improvements shall be completed prior to December3l, 2002. All construction shall be in conformity with the <br />approved Construction Plans. Periodically during construction the GMMHC shall make reports in such detail as <br />may reasonably be requested by the CITY concerning the actual progress of construction. If at any time prior to <br />completion of construction the CITY has cause to believe that the GMMHC will be unable to complete construction <br />of the Improvements in the time permitted by this Section 4.3, it may notify the GMMHC and demand assurances <br />from the GMMHC regarding the GMMHC's construction schedule. If such assurances are not forthcoming or are <br />deemed by the CITY at its sole discretion to be inadequate, the CITY may declare an Event of Default and may <br />avail itself of any of the remedies specific in Section 7.2 of this Agreement. <br /> <br />Section 3.4. Certificate of Completion. Promptly after notification by the GMMHC of completion of <br />construction of the Improvements, the City shall inspect the construction to determine whether the Improvements <br />have been completed in accordance with the Construction Plans and the tenns of this Agreement, including the date <br />of the completion thereof. In the event that the City is satisfied with the construction, the City shall furnish the <br />GMMHC with a Certificate of Completion in the fonn attached hereto as Exhibit A. Such certification by the City <br />shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this <br />Agreement with respect to the obligation of the GMMHC to construct the Improvements. <br /> <br />The certification provided for in this Section 3.4 shall be in recordable fonn. If the City shall refuse or fail <br />to provide certification in accordance with the provisions of this Section 3.4, the City shall within 15 days of such <br />notification provide the GMMHC with a written statement, indicating in adequate detail in what respects the <br /> <br />3 <br />