4.7 SR 01-02-2018 - Laserfiche WebLink

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(b) The certificates provided for in this Section 4.4 of this Agreement shall be in such form as will enable them to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Developer's Minimum Improvements Property. If the City shall refuse or fail to provide any certification in accordance with the provisions of this Section 4.4 of this Agreement, the City shall, within 30 days after written request by Developer, provide Developer with a written statement, indicating in adequate detail in what respects Developer has failed to complete the Developer's Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the City, for Developer to take or perform in order to obtain such certification. (c) The construction of the Developer's Minimum Improvements shall be deemed to be commenced when foundation work has commenced (as reasonably determined by the City Representative), and shall be deemed to be substantially completed when Developer has received a certificate of occupancy issued by the City for the Developer's Minimum Improvements. Section 4.5. Construction of Public Improvements. (a) In order to induce the Developer to undertake the Developer's Improvements, subject to the terms and conditions set forth herein, the City agrees to undertake the construction of the Public Improvements, in accordance with the plans and specifications prepared by the City engineer. The City agrees that, subject to the terms and conditions set forth herein, it shall promptly begin and diligently prosecute, to completion, the construction of the Public Improvements. (b) Subject to (i) Unavoidable Delays, (ii) the satisfaction of all conditions to the conveyance of the City's Property and New Resources Property, (iii) approval by the City Council of the final plans, specifications and costs, (iv) City having obtained satisfactory bids in accordance with approved such plans and specifications and having awarded and entered into a contract for the construction thereof, and (v) satisfaction of the requirements of all applicable laws, City ordinances, requirements and procedures and the City Code, the City shall, at its own expense, commence construction of a drainage and stormwater retention pond on the Public Improvement Property on Outlot A as depicted on the plat to be recorded following Closing for the New Resources Addition attached hereto as Exhibit G, subject to and in accordance with the plans and specifications prepared by the City engineer, (the "Retention Pond") by September 1, 2018 and substantially complete such construction of the Retention Pond by December 31, 2018. The City will operate and maintain the Retention Pond at its own expense, in accordance with the City Code and City ordinances, requirements and procedures. However, the City retains the ability, in accordance with the City Code and the City's ordinances, to levy future special assessments or charges for clean-up of restricted discharges made by the Developer into the Retention Pond. (c) Subject to (i) Unavoidable Delays, (ii) the satisfaction of all conditions to the conveyance of the City's Property and New Resources Property, (iii) approval by the City Council of the final plans, specifications and costs, (iv) City having obtained satisfactory bids in accordance with approved such plans and specifications and having awarded and entered into a contract for the construction thereof, and (v) satisfaction of the requirements of all applicable laws, City ordinances, requirements and procedures and the City Code, the City shall, at its own 19 512017v5 JSB BL185-52