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ARTICLE IV <br />PROJECT COVENANTS <br />Section 4.1 Construction and Completion of Improvements by the Developer. <br />(1) The Developer agrees to construct at its expense the Minimum Improvements <br />substantially in accordance with the Construction Plans. Prior to the completion of the Minimum <br />Improvements, the Developer shall submit any material design modifications for the Minimum <br />Improvements, including but not limited to material changes to the size of the Minimum <br />Improvements, the number of parking spaces, exterior materials, color pallet or the quality of <br />materials, to the City for review and reasonable approval by the City. <br />(2) The Developer will obtain or cause Tenant to obtain all permits, licenses and <br />approvals, when and as required, and shall construct, operate and maintain the Minimum <br />Improvements at its expense, substantially in accordance with this Agreement, any applicable <br />permits, and with all applicable local, state and federal laws and regulations (including without <br />limitation environmental, zoning, building code, housing code, and public health laws and <br />regulations). <br />(3) The Developer will use commercially reasonable efforts to obtain all required <br />permits, licenses and approvals, and comply with all requirements of all applicable local, state <br />and federal laws and regulations which must be obtained or met before the Minimum <br />Improvements may be lawfully constructed and completed. <br />(4) The Developer shall pay or cause to be paid all costs of the Minimum <br />Improvements, including without limitation the abatement of hazardous materials, the demolition <br />of any improvements on the Development Property, the relocation or removal of any utilities, <br />required sidewalk, alley or street construction or reconstruction, landscaping and streetlighting <br />and any other improvements located in the public right of way that are required in connection <br />with approving the Construction Plans or obtaining any required permits, licenses and approvals <br />for the Minimum Improvements. <br />(5) The Developer shall pay or cause to be paid all costs of any damage to roadways, <br />sidewalks, streets, alleys utilities, landscaping, streetlighting or any other improvements located <br />in the public right of way caused by the Developer or its contractors or agents or otherwise in <br />connection with the construction of the Minimum Improvements. <br />(6) The Minimum Improvements shall be operated and maintained in accordance <br />with this Agreement, with any applicable permits and with all applicable local, state and federal <br />laws and regulations (including without limitation environmental, zoning, building code, housing <br />code, and public health laws and regulations). <br />Section 4.2 Certificate of Completion. The Developer shall notify the City when <br />construction of the Minimum Improvements have been substantially completed. The City shall, <br />within 30 days after such notification, inspect the Minimum Improvements in order to determine <br />whether the Minimum Improvements have been substantially completed and constructed in <br />accordance with all applicable local, state and federal laws and regulations (including without <br />13 <br />LL185\61\675612.v1 <br />