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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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(e) If the Parking Lot Cost is deposited with the City, the City shall provide an <br /> accounting of the Parking Lot Cost and return any amount deposited by the Developer in excess Aft <br /> of the actual Parking Lot Cost within 60 days of payment of the Parking Lot Cost. <br /> Section 4.4 Effect of Delay. The Developer acknowledges that if construction of any <br /> of the Minimum Improvements is delayed or not completed, the effect of such delay or failure to <br /> complete may be to reduce amount of Pledged Tax Increment, and there will be no compensation <br /> by the City to Developer or any other party for any reduction in the amount available to pay the <br /> Tax Increment Revenue Note. <br /> Section 4.5 Compliance with Environmental Requirements. The Developer shall <br /> comply with all applicable local, State, and federal environmental laws and regulations, and will <br /> obtain, and maintain compliance under, any and all necessary environmental permits, licenses, <br /> approvals or reviews. As of the date of this Agreement, the Developer has received no notice or <br /> communication from any local, State, or federal official that the activities of the Developer or the <br /> City under this Agreement may be or will be in violation of any environmental law or regulation. <br /> Section 4.6 Additional Responsibilities of the Developer. <br /> (a) The Developer will construct and, until the responsibility is assumed by a <br /> condominium association pursuant to the Minnesota Common Interest Ownership Act with <br /> respect to the Bluff Block Development, operate and maintain, or cause to be operated and <br /> maintained, the Minimum Improvements substantially in accordance with the terms of this' <br /> Agreement, the Development Program and all local, State, and Federal laws and regulations <br /> (including, but not limited to zoning, building code, public health laws and regulations, except • <br /> for variances necessary to construct the Minimum Improvements contemplated in the <br /> Construction Plans approved by the City. <br /> (b) The Developer will obtain, in a timely manner, all required permits, licenses, and <br /> approvals, and will meet, in a timely manner, all requirements of all applicable local, State, and <br /> federal laws and regulations which must be obtained or met before the Minimum Improvements <br /> may be lawfully constructed. The City makes no representations or warranties that all permits or <br /> licenses that may be required by state and federal entities, other than the City, have been or will <br /> be approved. <br /> (c) The Developer will not construct any building or other structures on, over, or <br /> within the boundary lines of any public utility easement unless such construction is provided for <br /> in such easement or has been approved by the utility involved. <br /> (d) The Developer, at its own expense, will replace any public facilities and public <br /> utilities damaged during the construction of the Minimum Improvements, in accordance with the <br /> technical specifications, standards and practices of the owner thereof. <br /> (e) The Developer will comply with all applicable local, state and federal <br /> environmental laws and regulations, as they relate to the Minimum Improvements. <br /> Section 4.7 Certificate of Completion. The Developer shall notify the City when the <br /> construction of all of the Minimum Improvements has been completed. The City shall, within 14 • <br /> 1674205v8 24 <br />
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