8.3 SR 04-04-2022 - Laserfiche WebLink

Home Browse Search

or wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, or any hazardous substance as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §§ 961-9657, as amended) (collectively, the "Hazardous Substances"). (3) The Developer agrees to take all necessary action to remove or remediate any Hazardous Substances located on the Development Property to the extent required by and in accordance with all applicable local, state and federal environmental laws and regulations. Section 3.6. Construction Plans. Prior to the commencement of construction of the Project, the Developer will deliver to the City the Construction Plans). The Construction Plans for the Project shall be consistent with the Site Plan and Design Drawings and shall provide for design, quality, materials, building finishes, site layout and related amenities and improvements, similar to those which were presented to the City and shared publicly in connection with the Developer's request for tax increment financing assistance and identified on the preliminary building elevations and site layout. The Construction Plans shall not violate any applicable federal, State or local laws, ordinances, rules or regulations. The Construction Plans for the Project shall be approved as part of the City's normal building code and permit review process. Section 3.7. Commencement and Combletion of Construction. (1) Subject to the terms and conditions of this Agreement and to Unavoidable Delays, the Developer will commence construction of the Project by December 31, 2022 and shall substantially complete the Project by June 30, 2024. Notwithstanding the foregoing, failure of the Developer to substantially complete the Project shall not be an Event of Default unless the Developer fails to commence construction of the Project by June 30, 2023 or the Developer fails to obtain a certificate of occupancy for the Project by December 31, 2024. The Project will be constructed by the Developer on the Development Property in conformity with the Construction Plans, the Design Drawings and the Site Plan approved by the City. (2) After completing the soil correction and remediation work on the Development Property and prior to commencing construction of any foundations, any parking lot, or any other paving or cement work for the Project, the Developer (i) shall provide a certificate from an engineer from Independent Testing Technologies, Inc. certifying that the work described in the Geotechnical Report has been constructed in accordance with the Geotechnical Report, (ii) shall obtain a building permit from the City in accordance with the City Code, ordinances, requirements and procedures, and (iii) shall receive written approval from an independent engineer selected by the City in its sole discretion (at the Developer's cost and expense) after an on -site inspection that the soil correction and remediation work undertaken by the Developer complies with the City's requirements as determined by the City in its sole and absolute discretion. No changes shall be made to the Construction Plans, Site Plan or Design Drawings for the Project without the City's prior written approval, unless the aggregate of such changes do not increase or decrease the Total Development Costs by more than 10%. No changes which materially alter (a) the Project's site plan, (b) exterior appearance, (c) construction quality, (d) the adequacy of the foundation support as required by the Geotechnical Report, or (e) exterior materials included in the Preliminary Plans, 11 EL185-70-769416.d7