4.2. SR 04-06-1998 - Laserfiche WebLink

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(b) At the time of execution of this Agreement, the Developer and the Authority have entered into a Job Performance Agreement, as required pursuant to Minnesota Statutes, section 116J.991, the terms of which are incorporated herein and made a part hereof by reference. Section 4.2 Construction Plans. (a) The Developer has obtained approval relative to the development of the Minimum Improvements. Within ninety (90) days from the date hereof, the Developer shall submit to the Authority Construction Plans for the Minimum Improvements. The Construction Plans shall provide for the construction of the Minimum Improvements, and shall be in conformity with the Development Program, this Agreement, and all applicable state and local laws and regulations. (b) If the Developer desires to make any material change in any Construction Plans after their approval, the Developer shall submit the proposed change to Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to previously approved Construction Plans, the City and Authority shall approve the proposed change and notify the Developer in writing of its approval. Any requested change in the Construction Plans shall, in any event, be deemed approved unless rejected, in whole or in part, by written notice by the Authority to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within ten (10) days after receipt of the notice of such change. (c) Nothing in this Agreement shall be deemed to modify the City's normal construction permitting process as it applies to the Developer's plans for development, and the Developer shall in all respects be required to comply with such process. Section 4.3 Commencement and Completion of Construction Subject to Unavoidable Delays, Developer shall commence construction of the Minimum Improvements within sixty (60) days after approval of a building permit by the City. Subject to Unavoidable Delays, Developer shall complete the construction of the Minimum Improvements within five (5) months after commencement of construction. All work with respect to the Minimum Improvements to be constructed or provided by the Developer on the Development Property shall be in conformity with the Construction Plans, together with any changes approved by the Authority and any changes not requiring the Authority's approval, as submitted by the Developer and approved by the Authority. The Developer agrees for itself, its successors and assigns, and every successor in interest to the Development Property, or any part thereof, that the Developer, and its successors and assigns, shall promptly begin and diligently prosecute to completion the development of the Development Property through the construction of the Minimum Improvements thereon, and that such construction shall in any event be commenced and completed within the period specified in this Section 4.3 of this Agreement, subject to Unavoidable Delays and/or mutual agreement of the parties hereto. Until construction of the Minimum Improvements has been completed, the Developer shall make construction progress reports, at such times as may reasonably be requested by the Authority, but not more than once a month, as to the actual progress of the Developer with respect to such construction. Upon substantial completion of the Minimum Improvements and upon request by the Developer, the BeckP 548664.1 9