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3.2. EDSR 02-02-1998
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02-02-1998 WORKSESSION
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3.2. EDSR 02-02-1998
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type
EDSR
date
2/2/1998
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not requiring the Authority's approval) comply to the Authority's satisfaction with the provisions <br /> • of this Agreement relating thereto. <br /> 41) <br /> • <br /> (b) If the Redeveloper desires to make any material change in any Construction Plans <br /> after their approval by the Authority, the Redeveloper shall submit the proposed change to the <br /> Authority for its approval. If the Construction Plans, as modified by the proposed change, <br /> conform to the requirements of this Section 4.2 of this Agreement with respect to such previously <br /> approved Construction Plans, the Authority shall approve the proposed change and notify the <br /> Redeveloper in writing of its approval. Any requested change in the Construction Plans shall, in <br /> any event, be deemed approved by the Authority unless rejected, in whole or in part, by written <br /> notice by the Authority to the Redeveloper, setting forth in detail the reasons therefor. Such <br /> rejection shall be made within ten(10) days after receipt of the notice of such change. <br /> (c) Nothing in this Agreement shall be deemed to modify the City's normal <br /> construction permitting process as it applies to the Redeveloper's plans for development and the <br /> Redeveloper shall in all respects be required to comply with such process. <br /> Section 4.3. Commencement and Completion of Construction. Subject to Unavoidable <br /> Delays, the Redeveloper shall commence construction of the Minimum Improvements within sixty <br /> (60) days after approval of a building permit by the City. Subject to Unavoidable Delays, the <br /> Redeveloper shall complete the construction of the Minimum Improvements within five (5) <br /> months after commencement of construction. All work with respect to the Minimum <br /> Improvements to be constructed or provided by the Redeveloper on the Redevelopment Property <br /> shall be in conformity with the Construction Plans, together with any changes approved by the <br /> Authority and any changes not requiring the Authority's approval, as submitted by the <br /> Redeveloper and approved by the Authority. <br /> The Redeveloper agrees for itself, its successors and assigns, and every successor in interest <br /> to the Development Property, or any part thereof, that the Redeveloper, and its successors and <br /> assigns, shall promptly begin and diligently prosecute to completion the development of the <br /> Development Property through the construction of the Minimum Improvements thereon, and that <br /> such construction shall in any event be commenced and completed within the period specified in <br /> this Section 4.3 of this Agreement and subject to Unavoidable Delays and/or mutual agreement of <br /> the parties hereto. Until construction of the Minimum Improvements has been completed, the <br /> Redeveloper shall make construction progress reports, at such times as may reasonably be <br /> requested by the Authority, but not more than once a month, as to the actual progress of the <br /> Redeveloper with respect to such construction. Upon substantial completion of the Minimum <br /> Improvements and upon request by the Redeveloper, the Authority shall provide to the <br /> Redeveloper a certificate in recordable form stating that the obligations of the Redeveloper with <br /> respect to the construction of the Minimum Improvements under this Agreement have been <br /> satisfied. The Minimum Improvements shall be deemed to be completed when a certificate of <br /> occupancy has been issued by the City for the Minimum Improvements and the Redeveloper has <br /> provided security or other assurances reasonably satisfactory to the Authority assuring that any <br /> remaining items, including without limitation, landscaping, will be completed. <br /> 12 <br />
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