7.0. EDSR 05-11-1998 - Laserfiche WebLink

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Sent by: DRB MINNEAPOLIS 6123405584; 05/07/98 12:56; ,few #801 ;Page 14/39 • collectively or individually, for reimbursement of all Public Development Cost monies provided to Developer, plus all collection costs including attorneys' fees. In consideration of Authority's agreement to reimburse Developer for the Public Development Costs of developing the Development Property, Developer specifically agrees to each of the conditions subsequent set forth in Section 3.5, expressly waives any non-conforming use rights which would otherwise be applicable to the Current Site, and agrees that the Authority may enforce Sections 3.5 and 3.6 of this Agreement notwithstanding any otherwise applicable non-conforming use rights which Developer may have had. ARTICLE IV. Constrligtkulaihrovements Section 4.1 Construction and Operation of Minimum Improvements. (a) The Developer 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 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, during the term of this Agreement. (b) At the time of execution of this Agreement, the Developer and the Authority have entered into a Job Performance Agreement, as required pursuant to MinrLesota Statutes, Section 1161991, the terms of which are incorporated herein and made a part hereof by reference. Section 4.2 Construction Plans. (a) Within ninety (90) days from the date hereof, the Developer 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 Development Program, this Agreement, and all applicable state and local laws and regulations. (b) If the Developer desires to make any material change in any Construction Plans after their approval,the Developer shall submit the proposed change to Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to previously approved Construction Plans, the City and Authority shall approve the proposed change and notify the Developer in writing of its approval. Any requested change in the Construction Plans shall, in any event, be deemed approved unless rejected, in whole or in part, by written notice by the Authority to the Developer, setting forth in detail the • reasons therefor. Such rejection shall be made within ten (10) days after receipt of the notice of such change. BeckP 545664.2 9