07-23-2003 Council Agenda - Laserfiche WebLink

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Guidelines Rice Street /Little Canada prepared by Northwest Associated Consultants, dated June 1996. The EDA must include in any written notice rejecting Construction Plans, in whole or in part, specifics as to the FDA's basis, under this Section 6.1, for rejecting the Construction Plans. If the EDA notifies the Developer that the EDA is rejecting the Construction Plans for a Parcel, in whole or in part, the Developer must submit new or revised Construction Plans to the EDA within thirty (30) days after the Developer receives written notification from the EDA of the EDA's rejection of the Construction Plans. Within five (5) business days after the Developer's submission of new or revised Constriction Plans for a Parcel to the EDA, the EDA must notify the Developer that the EDA either approves or rejects the new or revised Construction Plans. If the EDA does not notify the Developer within the five (5) business day period that it has approved or rejected the new or revised Construction Plans, the EDA is deemed to have approved them. The EDA's approval of Construction Plans pursuant to this Section 6.1 constitutes approval for the purposes of this Agreement only. The EDA's review and approval or disapproval of the Construction Plans pursuant to this Agreement is not intended to and does not satisfy any requirements of the City's ordinances and is not intended as a substitute for any plan review provided for therein. The provisions of this Section 6.1 relating to the submission, approval, rejection and resubmission of Construction Plans continue to apply until the EDA has approved the Construction Plans. The EDA's approval of the Construction Plans does not relieve the Developer of any obligation to comply with the terms and provisions of this Agreement or the provisions of any applicable federal, state or local laws, ordinances or regulations. The EDA's approval of the Construction Plans notwithstanding the existence of an Event of Default, whether known or unknown to the EDA, does not constitute the EDA's waiver of the Event of Default. 6.2. Compliance with Governmental Regulations. The Developer must obtain, in a timely manner, all governmental approvals, licenses and permits required for the lawful construction of the Minimum Improvements on the Development Property 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 construction of the Minimum Improvements. 6.3. Completion of Constnrction. Subject to Unavoidable Delay, the Developer must substantially complete the Minimum Improvements for each Parcel in accordance with the Construction Schedule (as to each Parcel, a "Construction Completion Date "). For purposes of this Agreement, the Developer is deemed to have substantially completed a building if the Developer has constructed the Minimum Improvements in substantial conformity with the approved Construction Plans and has satisfied all of the requirements for the City's issuance of a Certificate of Occupancy for that building, except for the installation of carpeting, appliances and light fixtures, and application of exterior finishes that cannot be completed because of winter conditions, with respect to all improvements that were depicted on the Construction Plans and were considered in the determination that the Constructions Plans provided for the construction of Minimum Improvements that would cause the Parcel to have a minimum market value -10-