07-23-2003 Council Agenda - Laserfiche WebLink

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45o99Sv8 including, but not limited to, all zoning, subdivision, site plan/building design, grading and construction approvals and permits the City's ordinances require, and the Developer must comply with all requirements of any applicable federal, state or local laws, ordinances or regulations applicable to the constriction of the Minimum Improvements. 6.3. Completion of Constriction. Subject to Unavoidable Delay, the Developer must substantially complete the Minimum Improvements in accordance with the Construction Schedule. The Construction Schedule identifies the minimum number of residential units which the Developer must complete by various dates (each a "Construction Completion Date "). For purposes of this Section 6.3 and Section 6.7, the Developer is deemed to have substantially completed a residential unit if the Developer has satisfied all of the requirements for the City's issuance of a Certificate of Occupancy for that residential unit, except for the installation of carpeting, appliances and light fixtures and except for the application of exterior finishes that cannot be completed due to winter conditions. The Developer must construct the Minimum Improvements in substantial conformance with the Construction Plans. The Developer agrees to permit designated representatives of the EDA to enter upon the Development Property during construction of the Minimum Improvements to confirm the Developer's construction of the Minimum Improvements conforms to the Construction Plans. The EDA represents to the Developer that, for purposes of this Section 6.3 and Section 6.7, the Developer is entitled to obtain a Certificate of Occupancy from the City without the Developer's completion of all required landscaping if the Developer provides the City with a bond or other guaranty, in an amount equal to $1,500 per Unit, ensuring the Developer's subsequent completion of all required landscaping. 6.4. Modification of the Construction Plans. If the Developer desires to make any material change to the Constriction Plans, the Developer must submit the proposed change to the EDA for its review and approval, and the EDA must approve the proposed change unless the EDA reasonably determines that, as a result of the proposed change: (a) The modified Construction Plans are not complete; (b) The EDA reasonably believes the modified Construction Plans and the improvements contemplated thereby do not conform to the Tax Increment Financing Plan or to one or more applicable federal, state or local laws, ordinances, rules or regulations; (c) The EDA staff, in its subjective opinion, determines the modified Construction Plans do not provide for the construction of esthetically appealing Minimum Improvements of high quality. If the EDA rejects the proposed change the EDA must notify the Developer of the EDA's rejection of the proposed change within ten Business Days of the EDA's receipt of the proposed change or the EDA is deemed to have approved the proposed change. For purposes of this Section 6.4, a change to the Construction Plans is deemed material if, as a result of the change or any series of related changes the cost of constructing the Minimum Improvements is increased or decreased by five percent or more. -7- -10-