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2015_0817_CCpacket
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2015_0817_CCpacket
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10/5/2015 4:21:06 PM
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8/14/2015 12:00:58 PM
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Attachment A <br />(b) If the Redeveloper desires to make any material change in the Construction Plans or <br />any component thereof after their approval by the City, the Redeveloper shall submit the proposed <br />change to the City for its approval. For the purpose of this section, the term "material" means <br />changes that increase or decrease construction costs by $500,000 or more. If the Construction <br />Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this <br />Agreement with respect to such previously approved Construction Plans, the City shall approve <br />the proposed change and notify the Redeveloper in writing of its approval. Such change in the <br />Construction Plans shall, in any event, be deemed approved by the City unless rejected, in whole <br />ar in part, by written notice by the City to the Redeveloper, setting forth in detail the reasons <br />therefor. Such rejection shall be made within 10 days after receipt of the notice of such change. <br />The City's approval of any such change in the Construction Plans will not be unreasonably <br />withheld. <br />Section 4.3. Commencement and Completion of Construction. (a) Subject to <br />Unavoidable Delays, the Redeveloper shall commence construction of the Minimum <br />Improvements within 30 days after the Closing on the Redevelopment Property related to such <br />phase. Subject to Unavoidable Delays, the Redeveloper shall complete the construction of the <br />Minimum Improvements in phases by: <br />• SiY (6) Units, September 30, 2016 <br />• Six (6) additional Units, September 30, 2017 <br />• SiX (6) additional Units, September 30, 2018 <br />All work with respect to the Minimum Improvements to be constructed or provided by the <br />Redeveloper on the Redevelopment Property shall be in conformity with the Construction Plans as <br />submitted by the Redeveloper and approved by the City. <br />(b) The Redeveloper agrees for itself, its successors, and assigns, and every successor <br />in interest to the Redevelopment Property, or any part thereof, that the Redeveloper, and such <br />successors and assigns, shall promptly begin and diligently prosecute to completion the <br />development of the Redevelopment Property through the construction of the Minimum <br />Improvements thereon, and that such construction shall in any event be commenced and <br />completed within the period specified in this Section 4.3 of this Agreement. After the date of this <br />Agreement and until the Minimum Improvements have been sold, the Redeveloper shall make <br />reports, in such detail and at such times as may reasonably be requested by the City, but no more <br />than monthly, as to the actual progress of the Redeveloper with respect to such construction and <br />sales. <br />Section 4.4. Certificate of Completion. (a) Promptly after completion of each phase of <br />the Minimum Improvements in accordance with those provisions of the Agreement relating solely <br />to the obligations of the Redeveloper to construct the Minimum Improvements (including the dates <br />for beginning and completion thereof, the City Representative shall deliver to the Redeveloper a <br />Certificate in substantially the form shown as Schedule D, in recordable form and executed by the <br />City. <br />(b) If the City Representative shall refuse or fail to provide any certification in <br />accordance with the provisions of this Section 4.4 of this Agreement, the City Representative shall, <br />12 <br />7174856v3 <br />
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