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<br />Development Property. "Reason,able access" means at least one site inspection per week during <br />regular business hours. During construction, marketing, leasing and sales of the Minimum <br />hnprovements, the Developer will deliver quarterly progress reports to the City. <br /> <br />(e) If the Parking Lot Cost is deposited with the City, the City shall provide an <br />accounting of the Parking Lot Cost and return any amount deposited by the Developer in excess <br />ofthe a~tual Parking Lot Cost within 60 days of payment of the Parking Lot Cost. <br /> <br />Section 4.4 Effect of Delav. The Developer acknowledges that if construction of any <br />of the Minimum hnprovements is delayed or 110t completed, the effect of such delay or failure to <br />complete maybe to reduce amount of Pledged Tax Increment, and there will be no compensation <br />by the City to Developer or any other party for any reduction in.the amount available to pay the <br />Tax Increment Revenue Note. <br /> <br />Section 4.5 Compliance with Environmental Requirements. The. Developer shall <br />comply with all applicable local, State, and federal environmental laws and regulations, and will <br />obtain, and maintain compliance under, any and all necessary environmental permits, licenses, <br />approvals or reviews.. As of the date of this Agreement, the Developer has received no notice or <br />communication from any local, State, or federal official that the activities of the Developer or the <br />City under this Agreement may be or will be in violation of any environmental law or regulation. <br /> <br />Section 4.6 Additional Responsibilities of the Developer. <br /> <br />(a) The Developer will construct and, until the responsibility is assumed by a <br />condominium association. pursuant to the Minnesota Common Interest Own,ership Act with <br />respect to the Bluff Block Development, operate and maintain, or cause to be operated and <br />maintained, the Minimum hnprovements substantially in accordance with the terms of this <br />Agreement, the Development Program and all local, State, and Federal laws and regulations <br />(including, but not limited to zoning, building code, public health laws and regulations, except <br />for variances. necessary to construct the Minimum hnprovements contemplated in the <br />Construction Plans approved by the City.. . <br /> <br />(b) The Developer will obtain, in a timely manner, all required permits, licenses, and <br />approvals, and will meet, in a timely manner, all requirements of all applicable local, State, and <br />federal laws and regulations which must be obtained or met before the Minimum hnprovements <br />may be lawfully constructed. The City makes no representations or warranties that all permitl? or <br />licenses that may he required by state and federal entities, ather than the City, have been or will <br />be approved. <br /> <br />(c) The Developer will not construct any building or other. structures on, over, or <br />within the boundary lines of any"public utility easement unless such construction is provided for <br />in such easement or has been approved by the utility involved. <br /> <br />(d) The Developer, at its own expense, will replace any public facilities and public <br />utilities damaged during the conStruction of the Minimum hnprovements, in accordance with the <br />tedmical specifications, standards and practices of the owner thereof. <br /> <br />1674205v9 <br /> <br />25 <br />