4.2.A. SR 12-06-2004 - Laserfiche WebLink

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