3.2. EDSR 02-02-1998 - Laserfiche WebLink

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ARTICLE IV • Construction of Minimum Improvements • Section 4.1. Construction and Operation of Minimum Improvements. (a) The Redeveloper agrees that it will construct the Minimum Improvements on the Development Property in accordance with the approved Construction Plans, together with any changes approved by the Authority and any changes not requiring the Authority's approval, and at all times prior to the Maturity Date will operate and maintain, preserve and keep the Minimum Improvements or cause the Minimum Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. (b) At the time of execution of this Agreement, the Redeveloper and the Authority entered into the Job Performance Agreement as required pursuant to Minnesota Statutes, section 1167.991, the terms of which are incorporated herein and made a part hereof by reference. Section 4.2. Construction Plans. (a) The Redeveloper has obtained conditional use permit approval relative to the development of the Minimum Improvements. Within ninety.(90) days from the date hereof, the Redeveloper 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 Redevelopment Plan, this Agreement, and all applicable state and local laws and regulations. The Authority shall approve the Construction Plans in writing if, in the reasonable discretion of the Authority: (a) the Construction Plans conform to the terms and conditions of this Agreement; (b) the Construction Plans conform to the terms and conditions of the Redevelopment Plan; (c) the Construction Plans conform to all applicable federal, State and local law, ordinances, rules and regulations; (d) the Construction Plans are adequate to provide for the construction of the subject Minimum Improvements; (e) the Construction Plans do not provide for expenditures in excess of the funds which will be available to the Redeveloper for the construction of the Minimum Improvements; (0 the Construction Plans are consistent with the approvals granted in connection with the conditional use permit application; and (g) no Event of Default has occurred. No approval by the Authority under this Section 4.2 shall relieve the Redeveloper of the obligation to comply with the terms of this Agreement, the terms of the Redevelopment Plan, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements. Such Construction Plans shall, in any event, be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejection shall set forth in detail the reasons therefor, and shall be made within fourteen (14) days after the date of their receipt by the Authority. If the Authority rejects the Construction Plans in whole or in part, the Authority shall state in writing the reasons for the rejection and the Redeveloper shall submit new or corrected Construction Plans within thirty (30) days after written notification to the Redeveloper of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority or until this Agreement is terminated. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements, if constructed in accordance with said plans, together with any changes approved by the Authority and any changes 11