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4.2.A. SR 12-06-2004
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4.2.A. SR 12-06-2004
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1/21/2008 8:34:01 AM
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12/3/2004 10:28:03 AM
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12/6/2004
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<br />days after such notification, inspect the Minimum Improvements in order to determine whether <br />the Minimum Improvements have been constructed in substantial conformity with the <br />corresponding approved Construction Plans. If the City determines that the Minimum <br />Improvements have not been constructed in substantial conformity with the approved <br />Construction Plans, the City shall, within 28 days after the Developer's notification of <br />completion of construction, deliver a written statement to the Developer indicating in adequate <br />detail the specific respects in which the Minimum Improvements have not been constructed in <br />substantial conformity with the approved Construction Plans and the Developer shall promptly <br />remedy such deficiencies. If the City determines that the Minimum Improvements have been <br />constructed in substantial conformity with the applicable approved Construction Plans, the City <br />shall furnish to the Developer a Certificate of Completion in the form attached hereto as Exhibit <br />D certifying the completion of the Minimum Improvements. The Certificate of Completion <br />issued for the Minimum Improvements shall conclusively satisfy and terminate the agreements <br />and covenants of the Developer in the Deed to construct the Minimum Improvements. The <br />Developer may cause the Certificate of Completion to be recorded in the proper office for <br />recordation of deeds and other instruments pertaining to the Development Property. <br /> <br />If requested by the Developer, the City will issue Certificates of Completion for each <br />separate component or phase of the Minimum Improvements upon completion of such <br />component or phase. Also, the City will issue a Certificate of Completion and, if necessary in <br />connection with any mortgage financing, a letter to the applicable mortgage lender regarding the <br />applicability of the terms of this Agreement, for each unit of the Bluff Block Housing Project at <br />the time of closing on the sale of such unit to an individual purchaser ofthe unit. <br /> <br />The issuance of a Certificate of Completion shall not be construed to relieve the <br />Developer of any approval required by any City department in connection with the construction, <br />completion or occupancy of any of the Minimum Improvements. <br /> <br />1674205v8 <br /> <br />25 <br />
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