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Last modified
2/16/2024 3:30:14 PM
Creation date
2/16/2024 12:26:49 PM
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Planning Files
Planning Files - Planning File #
1481
Planning Files - Type
Planning-Other
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Section 4.3. Certificate of Completion. (a) Promptly after completion of <br />the Minimum Improvements in accordance with those provisions of the Agreement <br />relating solely to the obligations of the Redeveloper tq construct the Minimum <br />Improvements (including the dates for beginning and completion thereof), the City <br />will furnish the Redeveloper with an appropriate instrument so certifying. Such <br />certification by the City shall be (and it shall be so provided In the Redevelopment <br />Property Deed and in the certification itself) a conclusive determinatio<< of <br />satisfaction and termination of the agreements and covenants In the Agreement <br />and in the Redevelopment Property Deed with respect to the obligations of the <br />Redeveloper, and Its successors and assigns, to construct the Minimum <br />Improvements and the dates for the beginning and completion thereof. Such <br />certification and such determination shall not constitute evidence of compliance <br />with or satisfaction of any obligation of the Redeveloper to any Holder of a <br />Mortgage or any insurer of a Mortgage, securing money loaned to finance the <br />Minimum Improvements, or any part thereof. <br />(b) The certificate provided for in this Section 4.3 of this Agreement <br />shall be In such form as will enable it to be recorded In the proper office for the <br />recordation of deeds and other instruments pertaining to the Redevelopment <br />Property. If the City shall refuse or fail to provide any certification In accordance <br />with the provisions of this Section 4.3 of this Agreement, the City shall, within <br />thirty (30) days after written request by the Redeveloper, provide the Redeveloper <br />with a written statement, indicating in adequate detail in what respects the <br />Redeveloper has failed to complete the Minimum Improvements In accordance with <br />the provisions of the Agreement, or is otherwise in default, and what measures or <br />acts it will be necessary, In the opinion of the City, for the Redeveloper to take or <br />perform in order to obtain such certification. <br />(c) The City agrees that, upon request by the Redeveloper, it will furnish <br />individual Certificates of Completion for Individual condominium units as such <br />units are completed. Individual units shall be deemed completed at such time as <br />the City Issues Certificates of Occupancy for such units. <br />Section 4.4. Soil Correction Work and Drainage Ditch Relocation. (a) Prior <br />to the conveyance of the Redevelopment Property to the City pursuant to Section <br />3.1(b) of this Agreement the Redeveloper shall, at Its own expense, undertake to <br />correct the soil and terrain deficiencies existing on the Redevelopment Property. <br />The soil correction work shall be sufficient to adequately are the <br />Redevelopment Property for construction of one hundred thirty (130) housing units. <br />In addition, the Redeveloper shall undertake or cause to be undertaken the <br />relocation of an existing drainage ditch In accordance with plans and specifications <br />to be approved by the City. <br />(b) The parties acknowledge that the City makes no representations and <br />assumes no responsibility as to the suitability of the Redevelopment Property or of <br />the Soil Correction Work for the proposed development. <br />The Redeveloper rees <br />to Indemnify, defend and hold harmless the City from all claims or causes of a ton <br />of any nature arising out of the soil correction work. <br />Section 4.5. Publlc Improvements. The City shall commence construction <br />of the Public Improvements within one hundred twenty (120) days after receipt of <br />notice from the Redeveloper requesting that such construction be commenced. <br />The City shal1, to the extent possible, coordinate the construction of the Public <br />10 <br />
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