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5.0. EDSR 03-09-1998
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5.0. EDSR 03-09-1998
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City Government
type
EDSR
date
3/9/1998
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• ARTICLE IV <br /> Construction of Minimum Improvements <br /> Section 4.1. Construction and Operation of Minimum Improvements. (a) The <br /> Redeveloper agrees that it will construct the Minimum Improvements on the Development <br /> Property in accordance with the approved Construction Plans, together with any changes <br /> approved by the Authority and any changes not requiring the Authority's approval, and at all <br /> times prior to the Maturity Date will operate and maintain, preserve and keep the Minimum <br /> Improvements or cause the Minimum Improvements to be maintained, preserved and kept with <br /> the appurtenances and every part and parcel thereof, in good repair and condition. <br /> (b) At the time of execution of this Agreement, the Redeveloper and the Authority <br /> entered into the Job Performance Agreement as required pursuant to Minnesota Statutes, section <br /> 116J.991,the terms of which are incorporated herein and made a part hereof by reference. <br /> Section 4.2. Construction Plans. (a) The Redeveloper has obtained approval relative to <br /> the development of the Minimum Improvements. Within ninety (90) days from the date hereof, <br /> the Redeveloper shall submit to the Authority Construction Plans for the Minimum <br /> Improvements. The Construction Plans shall provide for the construction of the Minimum <br /> Improvements and shall be in conformity with the Redevelopment Plan, this Agreement, and all <br /> applicable state and local laws and regulations. <br /> • (b) If the Redeveloper desires to make any material change in any Construction Plans <br /> after their approval, the Redeveloper shall submit the proposed change for its approval. If the <br /> Construction Plans, as modified by the proposed change, conform to the requirements of this <br /> Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the <br /> City and Authority shall approve the proposed change and notify the Redeveloper in writing of <br /> its approval. Any requested change in the Construction Plans shall, in any event, be deemed <br /> approved unless rejected, in whole or in part, by written notice by the Authority to the <br /> Redeveloper, setting forth in detail the reasons therefor. Such rejection shall be made within ten <br /> (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 <br /> sixty (60) days after approval of a building permit by the City. Subject to Unavoidable Delays, <br /> the 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 /> • <br /> io <br />
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