12-19-2001 Council Agenda - Laserfiche WebLink

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ordinances or regulations applicable to the construction of the Minimum Improvements. Developer is solely responsible for the payment of all application fees, permit fees and other governmental fees and charges associated with the development of the Redevelopment Property including, but not limited to, building permit fees, Ramsey /Washington Metro Watershed District fees and all local and regional water access charges and sewer access charges. Developer must also pay to the City, prior to or contemporaneously with the Authority's conveyance of the Redevelopment Property to the Developer pursuant to the terms of the Purchase Agreement, the park land dedication fee for the Redevelopment Property. The park land dedication fee is an amount equal to 5% of the value of the Redevelopment Property. For purposes of calculating the park land dedication fee, the parties will value the Redevelopment Property at $5.00 per square foot. For example, if the Redevelopment's Property were one acre, the park land dedication fee would be (4,560 x $5.00 x .05 = $10,890). 8.3. Commencement and Completion of Construction. Subject to Unavoidable Delay, the Developer must commence construction of the Minimum Improvements on or before May 15, 2002 or on such other date as the Developer and the City may mutually agree in writing (the "Construction Commencement Date "). Subject to Unavoidable Delay, the Developer must substantially complete the Minimum Improvements as evidenced by the Developer's satisfaction of all requirements for and the City's issuance of a temporary Certificate of Occupancy, on or before December 31, 2002 (the "Construction Completion Date "). The construction of the Minimum Improvements must conform with the Construction Plans as approved by the City. The Developer agrees to permit designated representatives of the City or the Authority to enter upon the Redevelopment Property during construction of the Minimum Improvements to confirm the Developer's construction of the Minimum Improvements conforms to the Construction Plans. 8.4. Modification of the Construction Plans. If the Developer desires to make any material change to the Constriction Plans after the City has approved the Construction Plans, the Developer must submit the proposed change to the City for its review and approval, and the City must approve the proposed change unless the City reasonably determines that, as a result of the proposed change, one or more of the requirements set forth in Section 8.1 is not satisfied. If the City rejects the proposed change the City must notify the Developer of the City's rejection of the proposed change within ten Business Days of the City's receipt of the proposed change or the City is deemed to have approved the proposed change. 8.5. Agreement to Cooperate. The Developer agrees to cooperate fully with the City and the Authority to resolve any traffic, parking, trash removal or public safety problems or concerns which arise in connection with the construction or operation of the Redevelopment Property and to cooperate fully with the City and the Authority with respect to any litigation commenced with respect to the Redevelopment Property. 8.6. Certificate of Completion. The Developer may notify the City when the Developer has substantially completed the construction of the Minimum Improvements and completed remediation of the contaminated soils on the Redevelopment Property 1353333vDOC Red (V3 to V2) Page 121