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5.1. HRSR 12-06-2004
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5.1. HRSR 12-06-2004
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HRSR
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12/6/2004
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Ai alter the total amount set forth in the Sworn Construction Cost Statement for such Phase <br /> M. delivered pursuant to Section 4.1 hereof by a decrease of more than five (5) percent. In no event <br /> may any changes affect the quality, exterior design or materials included in the Construction <br /> Plans unless such changes are approved by City. The City agrees that its approval will not be <br /> unreasonably withheld or delayed. <br /> Section 4.3 Commencement and Completion of Construction. <br /> (a) Subject to the terms and conditions of this Agreement and to Unavoidable Delays, <br /> the Developer will commence construction of each project of the Minimum Improvements by the <br /> dates set forth on Exhibit H and will cause each project of the Minimum Improvements to be <br /> substantially completed not later than the dates set forth on Exhibit H. <br /> (b) Prior to commencement of construction of the Jackson Block Development the <br /> Developer shall have: <br /> (i) delivered to the City evidence acceptable to the City that the Developer <br /> has fee title to all of the Bluff Block Property; <br /> (ii) entered into a demolition contract for all existing improvements on the <br /> Bluff Block Property and, other than the building on the U.S. Bank Parcel, will have <br /> demolished any existing improvements and completed any necessary environmental <br /> remediation with respect to such improvements; <br /> 41) (iii) closed on the Construction Loan for the Bluff Block Development; <br /> (iv) entered into a construction contract for construction of the Bluff Block <br /> Development; and <br /> (v) paid the Parking Lot Cost to the City or deposited the Parking Lot Cost <br /> into escrow pursuant to an escrow agreement executed by the City, the Developer and an <br /> escrow agent providing the terms of disbursement of the escrowed funds to pay the costs <br /> of constructing the Parking Lot and related costs; provided, the Developer shall pay any <br /> costs of establishing the escrow account and any escrow fees. <br /> (c) The Developer shall demolish the building on the U.S. Bank Parcel and <br /> commence construction of the Bluff Block Development within 60 days of U.S. Bank, National <br /> Association vacating the U.S. Bank Parcel. <br /> (d) The Minimum Improvements will be constructed by the Developer on the <br /> Development Property in substantial conformity with the Construction Plans approved by the <br /> City. Prior to delivery of the Certificate of Completion referred to in Section 4.7 hereof, upon <br /> the request of the City, the Developer will provide the City reasonable access to the <br /> Development Property. "Reasonable access" means at least one site inspection per week during <br /> regular business hours. During construction, marketing, leasing and sales of the Minimum <br /> Improvements, the Developer will deliver quarterly progress reports to the City. <br /> III <br /> 1674205v8 23 <br />
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